Digital Copyright and Trademark Issues in the Era of Artificial Intelligence

  • Sakshi Mittal
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  • Sakshi Mittal

    Student at University of Petroleum and Energy Studies, India

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Abstract

The use of artificial intelligence (AI) has become increasingly prevalent in recent years. AI systems have been used in a variety of applications, from voice assistants and chatbots to content creation and data analysis. However, the use of AI in generating and analysing data has raised potential copyright and trademark issues. In the context of digital copyright, one of the primary concerns is ownership. With the use of AI in creating original works, the question arises as to who owns the copyright. For example, if an AI system creates a painting or a song, who owns the copyright to that work? Is it the AI system itself, the programmer who created the system, or the person who trained the system? These questions are not easily answered, and the legal framework surrounding the ownership and protection of these works is still in its infancy. Another digital copyright issue in the era of AI is authorship. The use of AI in content creation raises questions about the role of the author and the concept of originality. For example, if an AI system generates a news article, who is the author of that article? Is it the AI system, the programmer who created the system, or the person who provided the input data? Furthermore, the use of AI in content creation also raises questions about fair use. For instance, if an AI system generates a parody of a copyrighted work, is it considered fair use, or does it infringe on the original work? In addition to digital copyright issues, trademark issues are also a cause for concern in the era of AI. The use of AI in generating and analyzing data can lead to potential trademark infringement issues. For example, AI-generated content may inadvertently use protected trademarks, leading to disputes over ownership and use. The use of AI in keyword advertising also raises questions about trademark infringement. Keyword advertising involves bidding on specific keywords to display ads when those keywords are searched for. However, if those keywords are protected trademarks, the use of those keywords in advertising may be considered trademark infringement. The legal framework surrounding digital copyright and trademark issues in the era of AI is still developing. Current laws and regulations are not yet equipped to handle the unique challenges presented by AI. Therefore, it is essential to address these issues to ensure that intellectual property rights are respected and protected. One possible solution is the development of new laws and regulations specifically designed for AI-generated works. Another possible solution is the use of blockchain technology to establish ownership and track the use of AI-generated works. In addition to legal considerations, there are also ethical considerations when it comes to digital copyright and trademark issues in the era of AI. It is important to consider the impact that the use of AI may have on creativity and innovation. If AI systems are used extensively in content creation, it may lead to a decrease in originality and creativity. Additionally, it is important to consider the impact that AI may have on the job market. As AI systems become more advanced, they may replace human workers in content creation and data analysis.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 3245 - 3255

DOI: https://doij.org/10.10000/IJLMH.114793

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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