Experts canvass legal framework for AI
By Felicia Nwosu
Artificial Intelligence, popularly known as AI by all, has gradually become the buzz word on every lip since it registered its presence across the globe some years back. It is no gainsaying that, despite the fact that the rapid rise in artificial intelligence (AI) has created many opportunities globally through automated tasks, it has as well continued to pose profound ethical concerns, especially with the fact that copyright law which protects creativity and originality of ideas creativity my not be guaranteed by AI use.
Recognised for its enormous power as a multi-purpose tool, professionals across the globe are all in pursuit of this machine assisted tool all in the quest to enhance creativity in their chosen fields. However, the fear is the possibility of infringement of copyright as the AI does not acknowledge the source of materials, some of which may be copyrighted. To demonstrate how disruptive AI can be, the United Nations Educational, Scientific and Cultural Organization, UNESCO has called on all Governments to implement global ethical framework on Artificial Intelligence without delay. The global body noted that the world needs stronger ethical rules for AI, stating that its recommendation on the ethics sets the appropriate normative framework.
“This is the challenge of our time. UNESCO’s Member States all endorsed this Recommendation in November 2021. It is high time to implement the strategies and regulations at national level. We have to walk the talk and ensure we deliver on the Recommendation’s objectives”.
To bring this to a realisation, some professionals across various fields of endeavour have lent their voices while raising eyebrows over likely negative consequences of Artificial Intelligence. They exposed how it has continued to revolutionise the global business landscape and redefined the world of artistic expression and other content creation. This, according to them, has posed some legal risks such as in intellectual property and copyright infringement on the creative arts.
They averred that global legal landscape is also evolving and therefore canvassed for practitioners to understand the appropriate legal framework to be installed, in compliance with the copyright laws to avoid being victim of any kind of infringement. They explained that this must be in tune with the country’s laid-down laws as a standard of practice for every professional in the various eco systems. They also urged AI users to embrace caution in its adoption to avoid projecting artificial intelligence as a landmine of legal issues rather than its positive intentions.
One of the concerned professionals, Anas Hassan, Chief Operating Officer at Sturu in his views, averred that, as AI continues to evolve, there is need to worry for ethical considerations.
The technical & Web3 Writer, said the use of AI in some landscapes raises concerns about copyright infringement, as AI can create works that are similar or identical to existing works or claim ownership of the work.
“Use AI to create works that are sufficiently different from existing works to avoid copyright infringement. This can be done by using different datasets, unique prompts, and parameters to create unique pieces. Use AI to assist in the creative process rather than replacing it. This can be done by using AI to generate ideas or provide inspiration while allowing the human creator to make the final decisions. Also, being transparent about the use of AI in creating works. This can help to avoid confusion and misunderstandings about the originality of the work. Think twice before utilizing any artist’s name or creation in the creation process of your artwork.
Anas revealed that some countries have laws that recognize the role of AI in creating works and attributing copyright ownership to the person or entity that created the AI. He also acknowledged the potential for legal disputes.
“To avoid copyright infringement, it is essential to use AI in a way that respects the rights of the original creators. As these technologies have not been extensively tested in any courts, the implications of utilizing them to create art could be more precise. Here are things to do and things to avoid when using AI-Generated Art. Use AI to create works that are sufficiently different from existing works to avoid copyright infringement. This can be done by using different datasets, unique prompts, and parameters to create unique pieces.”
Reaffirming the need for ethical considerations, he said while AI can be a powerful tool for creating new works, it is crucial to consider the ethical implications of its use. This includes ensuring that the use of AI does not harm or discriminate against any individuals or groups and being transparent about the use of AI in the creative process.
There are two mixed legal implications in this copyright issue. It can either refuse to grant copyright protection to works produced by computers or claim authorship of works belonging to the program’s developer.
Daniel Adeniran, a media and communications Consultant, while reaffirming the unleashing the power of AI in influencer marketing mentioned that copyright conundrum as one of the challenges posing limitation in the deployment of the disruptive tool.
“AI tools are transforming influencer marketing, but they bring a major concern, especially copyright and intellectual property issues. These generative AI tools can create stunning visuals and captivating content, simplifying the creative process, however, the legal risks are real, with copyright infringement the future and embrace AI with caution.
“AI’s role in influencer marketing is growing, and the possibilities are exhilarating. However, it’s crucial for brands to protect themselves. By considering the challenges discussed above and exercising caution when integrating AI tools, you can future-proof your influencer marketing strategies. Embrace AI’s power while staying in control.”
Ukeme Okuku, Chief Executive Officer of Gamic, a decentralized community chat application for gamers, said the use of artificial intelligence raises concerns in the legal space.
“AI-generated art is becoming increasingly popular, but it raises concerns about copyright infringement and lack of attribution for original artists. Infusing royalty payments and using cryptocurrency for royalty payments are potential solutions to address this issue, but it requires a legal and regulatory framework to ensure that artists are appropriately compensated and that their names are used with their permission.”
Kobimdi Emmanuel, Trainee Associate, at S. P. A. Ajibade & Co. while looking at how copyright laws can be infringed, recalled the case of the AI-generated song that mimicked the voices of Drake and The Weeknd was removed from streaming platforms at the request of Universal Music Group (UMG), citing copyright infringement.
“If the claimed infringement was based on the imitation of the artists’ voices, I believe it is unfounded. The rationale is this – copyright law in music protects the musical work (the composition) and sound recording (the recorded performance of the underlying composition i.e., the song as you hear it). Since Drake and The Weeknd did not compose or record the song, UMG does not hold the copyright in the composition or sound recording through the artistes. The only connection between the song and the artistes is the imitation of their voices. Since copyright does not protect a person’s voice, unauthorized imitation of that person’s voice is not copyright infringement. Any legal issue in this case would be a violation of image or publicity rights, and passing-off rather than copyright infringement.”
Ifeanyi Okonkwo, Manager, Nigeria & Africa IP Portfolio, pointed that brands who rely on AI copywriting and graphics may want to think again, citing how an AI called Stability AI is currently being sued by Getty Images for allegedly stealing copyrighted content for its AI art creator – Stable Diffusion.
“It is no wonder that during deep learning, millions of images and copyright content are used without consent thereby infringing the intellectual property rights of the right holders. What the AI generates in turn, could be identical or confusingly similar to what has been. Contents are most likely bound to be copied. What I am saying in essence is that we may be far away from AI creation of intellectual property assets that are absolutely free from infringement. Caution is the word. When an AI infringes, the tempting reaction in Nigeria based on common law principles will be to hold the owner or business user liable (we still await proper case laws on the subject).”
As much as AI is able to deliver value and enhance creativity for professionals, caution is advised for responsible deployment. This is because irrespective of its positive aspects, its double-edge characteristics make it amenable to cause infringement of copyright and intellectual property protection laws.
RECOMMENDED ARTICLES
Comment
No comments found.