scholarly journals Artificial intelligence and copyright

2021 ◽  
pp. 124-134
Author(s):  
Fiona Tako ◽  
Jona Marashi

In this new era of the fourth industrial revolution that we are living in here, we are increasingly aware of the immense possibilities and potential of technological development that lie ahead and of the increasingly important role that artificial intelligence is assuming in the scientific field but also and especially in the daily life of all of us. Today, artificial intelligence affects almost all aspects of life: science, culture, art and law. Surely it has improved, from different points of view, each of these areas, but, at the same time, since this evolution is fast and unstoppable, it has highlighted the gaps that the legal system presents in these sectors. Jurisprudence is making a huge effort to keep pace with technological evolution but despite this, questions that need answers, possibly as soon as possible, often arise. Thus, in the field of artificial intelligence, an interesting combination under the legal aspect is that between works of art or intellectual property and legislation, with particular regard to copyright. In fact, creativity, both scientific and artistic, has always been considered as exclusively belonging to the human being, to man, as it was believed that only he was capable of original and autonomous intellectual creation. Almost in all of the existing legal systems, this is precisely the principle underlying the legislation concerning copyright: all creative intellectual works that belong to science, literature, music, figurative arts, architecture, theater and cinema, regardless of the way or form of expression, are protected and safeguarded. The prerequisite for recognizing copyright, also admitted by jurisprudence, is the causal link between creativity and personality, considering that the work reflects the personality of its author. The issue presents difficulties, however, when it is a machine or a robot to carry out a certain work of genius in one of the aforementioned fields. How can the legislator, whether Italian, Albanian, European or international, regulate this new legal reality linked to a work created by artificial intelligence? To whom do the authorship and the rights of economic use of the work belong in this case? Can we talk in this case of a moral right? What is the most suitable type of protection that can be given to such works and through what methods, given that all the legal rules on the subject presuppose human creative activity? Basically, in the case of the creation of a particular work by an artificial intelligence, can robots have intellectual property rights? Can they have liability towards third parties? In this article we will try to shed some light and give some answers to these questions imposed by the reality we are living in, based on the current legal framework in the field of copyright, the considerations of the doctrine and also the analysis of certain concrete cases such as that of the “Portrait of Edmond Bellamy”, a portrait made entirely by an AI and sold for $ 432,500, and that of the selfie made by a macaque monkey with the camera of photographer David Slater.

2018 ◽  
Vol 18 (71) ◽  
pp. 55-87 ◽  
Author(s):  
Juan Gustavo Corvalán

This article addresses the impact of the digital era and it specifically refers to information and communication technologies (ICT) in Public Administration. It is based on the international approach and underscores the importance of incorporating new technologies established by the United Nations and the Organization of American States. Thereon, it highlights the Argentine Republic national approach towards ICT, and how it has moved towards a digital paradigm. It then emphasizes on the challenges and opportunities that emerge from the impact that artificial intelligence has in transforming Public Administration. Finally, it concludes that the key challenge of the Fourth Industrial Revolution is to achieve a boost towards a Digital and Intelligent Administration and government, which promotes the effectiveness of rights and an inclusive technological development that assures the digital dignity of people.  


Author(s):  
Ginanjar Wiro Sasmito

Bina Nusa Slawi Vocational School (Binus) is one of the Vocational High Schools located in Slawi District, Tegal Regency. The results of a survey conducted, that almost all teachers and students (99%) had heard about the Industrial Revolution 4.0 and Internet of Things, but did not understand the meaning of it all, even though the industrial revolution 4.0 had disrupted almost all fields of science and lines of life. The survey results also show that all teachers and students have used internet maximally, but development trend of the use internet that is not yet widely understood, especially regarding: Wireless Sensor Network (WSN), Cloud Computing, Big Data, and Artificial Intelligence. Therefore needed an Introduction Study Internet of Things for Teachers and Students of SMK Bina Nusa Slawi as Insights One of the Characteristics of the Industrial Revolution 4.0. The method implemented is by giving presentations, discussions, and demonstrations about Internet of Things, Artificial Intelligence and Big Data. Based on activities that have been carried out, the results obtained are knowledge, understanding, competence of teachers and students of SMK Bina Nusa Slawi about Internet of Things increasing.


2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).


2021 ◽  
pp. 135-159
Author(s):  
Antonio Uricchio

The profound changes that accompany the history of mankind appear to be largely dependent on the unstoppable strength of knowledge and innovation. Robotics and artificial intelligences bring about profound changes in production and service delivery patterns (with automated and interconnected productions), in the rethinking of the man-machine and machine-machine relationship (so-called industry 4.0), in work organisation and even in domestic life and everyday life , according to whom “the fourth industrial revolution can act in two directions: an impact on the manufacturing world because the production of goods and services thanks to robots, artificial intelligence, communication technologies, the cloud can be completely reformed and modified and the transformation of society because the entry of robots 4.0 will take place in our midst. In re – thinking and designing the regulatory models of robotic lex, fiscal discipline, although too often towed with civil and commercial, can and must play a decisive role both in the promotion and dissemination of new models of production and social organization and in the taxation of new forms of wealth, also in the form of savings in expenditure, which the diffusion of new enabling technologies and that of data storage and circulation tools (big data) generate, speeding up transactions and expanding how the information is used. The aim of the article is an attempt to assess the application of robot taxes and web taxation taking into account specific nature of the subject of taxation. The author tries to present the possible development of the fiscal instrument in the light of technological development.


Author(s):  
Michael Voskoglou

The rapid industrial and technological development of the last years has transformed the human society to its current form of knowledge and globalization. As a result, the formal education is nowadays faced with the big challenge of preparing students for a new way of life in the forthcoming fourth industrial revolution. This new revolution could be characterized as the era of the internet of things and energy and of the cyber-physical systems. The present chapter focuses on the role that computers and artificial intelligence could play in future education and the risks hiding behind this perspective. It is concluded that it is rather impossible that computers and the other “clever” machines of artificial intelligence will reach to the point of replacing teachers for educating students in future, because all these devices have been created and programmed by humans and therefore it is logical to accept that they will never succeed to reach the quality of human reasoning. However, it is certain that the role of the teacher will be dramatically changed in the future classrooms.


1970 ◽  
Vol 1 (3) ◽  
pp. 43-46 ◽  
Author(s):  
Arif Hossain ◽  
Shamima Parvin Lasker

Knowledge is the multidimensional outcome of human intellect. Intellectual Property Rights system (IPRs) is considered from economic and legal aspect as the ownership rights for the excessive use of innovation and creative work. IPRs are measured to encourage innovation, promote investment in S&T and make the technologies for public benefit. But history shows that from the time of industrial revolution in Europe and during twentieth century in the North America and Japan, IPRs contribute to the S&T driven economic growth. Therefore, there is a fair and consistent relationship between strength of IPRs and per capital income. A recent study of World Bank suggested that the major beneficiaries of IPRs in terms of enhanced value of patents are the developed countries with USA along made an annual gain of US $ 20 billion while developing country face an annual loss of 7.5 billion on royalties and license fees. Moreover, for the developing county, while indigenous technological capability is a significant determinant to economic growth and poverty reduction, no exact relationship has been established between the IPRs and economic growth. Developed countries and business corporations who are benefited directly from IPRs regime insist on implementation of strong IPRs for all countries. Need for strong IPRs for developing and least developed countries are discussed. Strong IPRs for all countries whether it leads to transfer of wealth from poor countries to rich countries to further widen the economic divide is a major ethical concern. DOI: http://dx.doi.org/10.3329/bioethics.v1i3.9633 Bangladesh Journal of Bioethics 2010; 1(3): 43-46


Author(s):  
Iryna Kuzmych

This article presents a brief, detailed breakdown of the heterogeneity of definitions of biotechnology, as objects of intellectual property, as well as related processes, in international legal acts of the European Parliament, the Council of the EU and the European Community, an attempt has been made to investigate the legal existentiality of biopatents and to characterize the importance of features of the essence of biotechnology, to substantiate the extreme conditionality of the procedure for patenting biotechnology, taking into account this specificity at the stage of creating a national regulatory framework, laid down in the main national regulations. The approaches of international legal acts regarding the consolidation of the principles of protection and protection of intellectual property rights, in particular, and, above all, on biotechnology, as in the a priority scientific, economic and state - strategic sphere, are partially disclosed and the peculiarities of their implementation in national legislation are defined. The warnings about the possible devastating consequences of the current incompetent approach by domestic legislators to the essence of biotechnology as objects of intellectual property, creation of mechanisms of intellectual lawmaking, given their unique ability to self-reproduce and self-reproduce, are pointed out. However, at the same time, it has been noted so far that there have been significant changes in the gradual approximation of legal standards to the standards of the European Community law system, in particular, in ensuring the protection of intellectual property rights in biotechnology, which will have a beneficial effect on the prospect of the emergence of a key innovative legal model with a unified legislative spirals with an understanding of the necessary separation of biotechnologies into an independent legal local intellectual sphere of civilization with an appropriate level of responsibility. The multifaceted nature of the content of biotechnology has turned a science that studies the possibilities of using living organisms, their systems or their vital products to solve technological problems, as well as the possibility of creating living organisms with the necessary properties by genetic engineering, into one of the areas of industry of important macroeconomic importance. In all leading countries of the world, national and international programs on biotechnology, funded by public and private capital, are developed and are operating, in addition, the results of scientific research in the field of biotechnology. Implement long-term projects with a high degree of risk upon receipt of various commercial products, the development results of which must be reliably protected from competitors, possibly while ensuring the granting of exclusive rights to new products and technologies by patenting. Thus, the protection of the right to biotechnology makes the patent an instrument for transferring technology and protecting new markets in the global economy, where the use of such an instrument is most effective in industries with a high cost of research and development, but low production cost of the final product, typical for biotechnological, microbiological and pharmaceutical industry. Convincingly, even in a quote by A. Einstein, «Nature shows us only the tail of the lion. But I do not doubt that the lion belongs to it even though he cannot at once reveal himself because of his enormous size.»24, there are warnings regarding a negligent attitude towards the natural uniqueness of biotechnologies and an understanding of the devastating consequences of an incompetent approach to the interpretation of the concepts and processes associated with biotechnologies when creating a domestic regulatory and legal framework for the protection of intellectual property rights in biotechnologies, the need for biopatents, taking into account the supremacy and legal existence of biotechnologies, as objects of intellectual property and a powerful generator of scientific and technological development ia of the country, the guarantor of innovation and financial stability, and, the innermost unexplored possibilities of biotechnology with unpredictable prospects for humanity.


Author(s):  
Kalina Sotirova-Valkova ◽  

The article presents the cycle of digitization of cultural heritage objects (movable cultural values stored in museums and galleries) with its three main stages: preparation, conversion and access. The focus is on the technological aspect, the preparation of the museum team and the standards used. In parallel, the legal framework of digitization is viewed as a serious, nationally specific and rarely presented topic related to copyright and intellectual property over the original and its digital derivative Keywords: digitization, cultural heritage, authorship and copyright, intellectual property rights, standards


Author(s):  
Anselm Kamperman Sanders

With the publication of its White Paper on Artificial Intelligence—A European Approach to Excellence and Trust, the European Commission has set the stage for regulatory measures to ensure that the diffusion of artificial intelligence (AI) will remain acceptable to market participants, data subjects, and citizens. While recognizing the immense promise that AI holds for economic development, it also points to serious concerns over privacy, accuracy, and equity of automated decision systems, and economic dominance and abuse by platform providers. Intellectual property rights (IPRs) have, from the perspective of competition law and policy, always raised questions about the justification of their exercise in light of economic dominance. The use of AI in traditional business models involving sales and online services, but also new applications such as Internet of Things (IoT), digital twinning and AI of Things (AIoT), otherwise known as Edge Computing, is set to create new forms of dominance that is reinforced by intellectual property in relation to data, software, and trade secrecy. This chapter deals with the intellectual property system and how it may have to be adapted for its continued acceptance as instrument to engender trust in the sustainable development of Fourth Industrial Revolution (4IR) platform technologies, and AI in particular. It is argued that competition policy that recognizes and safeguards consumer interests in AI-dominated markets is key to the smooth functioning of such a platform economy.


Author(s):  
Niteesh Kumar Upadhyay ◽  
Mahak Rathee

Artificial Intelligence which seemed to be a distant dream at some point has now come out of the science fiction movies to our reality and has gathered momentum over past few years and has led to many developments in almost all the sectors. No sector will remain untouched by artificial intelligence and Intellectual Property Rights too will not be an exception to the same. The impact of Artificial Intelligence in the field of Intellectual Property Rights will be two ways, on one hand Artificial Intelligence will prove to be an asset in the areas of patent and patent search tools, accurate and timely research, providing a mechanism to sort out inventions and ideas and provide with a mechanism to the innovator on the patents already existing similar to his idea and many other things but on the other hand the Artificial Intelligence might also prove to be a threat to innovation and creativity which is the heart and soul of Intellectual Property Rights. The research paper will discuss in detail about the impact of Artificial Intelligence on Intellectual Property Rights, the pros and cons of Artificial Intelligence on creativity and innovation in IPR and will also deal with the future scope of Artificial Intelligence in Intellectual Property Rights.


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