ARTICLE
22 November 2019

Protecting AI-Created Works - US Seeking Comments On Copyright. What About Canada?

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
The U.S. Patent and Trademark Office is seeking comments on what the impact would be on providing copyright protection to works created using artificial intelligence,
Worldwide Intellectual Property

The U.S. Patent and Trademark Office is seeking comments on what the impact would be on providing copyright protection to works created using artificial intelligence, or AI-created works. Some questions being considered include:

  • what level of human involvement is required for copyright protection?;
  • how does fair use apply in a world where AI can create works faster and in greater quantities than humans can?; and 
  • what if AI infringes copyright?

In Canada, the Industry, Technology and Science Standing Committee (“INDU”) and the Canadian government led a review of the Copyright Act, and on June 3, 2019, INDU released its report on the statutory review of the Act setting out 36 policy recommendations, including providing clarity around ownership of computer-generated works (e.g. works created with the assistance of artificial intelligence (AI)). There are many interesting ethical and legal considerations to be weighed in the decision of whether or not to extend copyright protection to AI-created works. Much more remains to be studied, including issues surrounding:

  • authorship; 
  • originality and infringement when it comes to AI being used in the creation of works;
  • exceptions for text and data mining; and
  • to what extent data and databases should be protected and whether Canada should consider sui generis protection for databases or AI created works. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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