What Is The Future Of Intellectual Property In A Generative AI World?; Forbes, July 18, 2024

Ron Schmelzer, Forbes; What Is The Future Of Intellectual Property In A Generative AI World?

"Taking a More Sophisticated and Nuanced Approach to GenAI IP Issues

Clearly we’re at a crossroads when it comes to intellectual property and the answers aren’t cut and dry. Simply preventing IP protection of AI-generated works might not be possible if AI systems are used in any significant portion of the creation process. Likewise, prohibiting AI systems from making use of pre-existing IP-protected works might be a Pandora’s box we can’t close. We need to find new approaches that balance the ability to use AI tools as part of the creation process with IP protection of both existing works and the outputs of GenAI systems.

This means a more sophisticated and nuanced approach to clarifying the legal status of data used in AI training and developing mechanisms to ensure that AI-generated outputs respect existing IP rights, while still providing protection for creative outputs that have involved significant elements of human creativity in curation and prompting, even if the outputs are transformative recombinations of training data. Clearly we’re in the early days of the continued evolution of what intellectual property means."