Steptoe has been tracking the fast-moving developments in artificial intelligence both in the United States and internationally. Below is an update on recent legal and policy developments related to AI, with a focus on intellectual property and high-profile policy issues.
Continue Reading AI Legal & Regulatory News Update—Week of 9/24/23
Steptoe has been tracking the fast-moving developments in artificial intelligence both in the United States and internationally. Below is an update on recent legal and policy developments related to AI, with a focus on intellectual property and high-profile policy issues.
Continue Reading AI Legal & Regulatory News Update—Week of 9/17/23
A Federal Court ruled that works that are entirely created by artificial intelligence (“AI”) systems cannot receive a copyright under United States law. Contrary to how this decision has been reported in news summaries, the case was decided on a relatively narrow issue, and kept the door open for future decisions to expand on this new area of the law.
The plaintiff used an AI system called the “Creativity Machine” to generate a piece of visual art called “A Recent Entrance to Paradise” (reproduced below):
The plaintiff claimed that the work had been “autonomously created by a computer algorithm running on a machine,” and attempted to register the work with the Copyright Office. The Copyright Office denied the application on the ground that copyright law only extends to works created by human beings.
The EU has recently proposed a draft regulation that would address future challenges of artificial intelligence. The EU is attempting a balancing act between promoting the development of AI against over-regulation of new technologies. The regulation categorizes AI based on the perceived risk level, regulating more strictly an AI system that is deemed as being higher-risk.
The draft regulation adopts a broad definition of AI to encompass software developed with a variety of machine learning techniques. These include supervised, unsupervised and reinforcement learning and a variety of methods such as deep learning, logic and knowledge-based and statistical approaches, Bayesian estimation, and search optimization methods that generate outputs. Relevant outputs include content, predictions, recommendations, or decisions influencing the environments with which the AI interacts.
Below are highlights of the main aspects of the draft regulation.
