The current time has significantly impacted the speed at which technology is evolving. Among the myriad forms of technological development, Artificial Intelligence (AI) stands out as a prominent example, capable of generating diverse types of content. This ability leads to the inquiry, “Does AI-authored content qualify for copyright protection?”.
In general, the author’s rights law is designed to protect human original works. Artificial Intelligence (AI), as a human aid, is not considered the original creator. Even if humans write the prompt text, the auto-generated content by AI still does not qualify for this protection.
Before we delve into the latest AI issue, read about “What are the Differences between Author and Copyright Holder?“.
Latest AI Issue & Implications
After a long process involving various parties, the European Union Artificial Intelligence Act (EU AI Act) 2024 has finally been officially passed. This law is a milestone in the regulation of AI technology worldwide and is expected to be a model for other countries in developing similar regulations.
South Korea, as the most technologically advanced country, continues to develop an effective regulatory framework for AI technology and its underlying technologies. According to Kim & Chang’s inaugural AI issues and implications report in 2024, here are the developments.
1. Content Policy and Copyright Protection
Under South Korean laws and regulations, there are two regulations on the use of AI in the political sector and policy directives to address the author’s rights issues. These are the recent updates:
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South Korean Election Law on AI-Generated Content
In early 2024, lawmakers in South Korea announced the results of the revision of the Public Official Election Act to strictly prohibit the use of deep fakes in election campaigns. They are also studying several bills regulating the use of Artificial Intelligence (AI).
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Policy Guidelines on Author’s Rights and Watermarking
Recently, the Ministry of Culture, Sports, and Tourism in South Korea issued policy guidelines for companies and other content owners to address author’s rights issues.
They are asked to closely monitor the ongoing discussions in the relevant regulatory task force. The discussions are addressing copyright issues and planning new regulatory guidelines on labeling requirements for AI-produced content.
2. Labor and Employment
The public in South Korea is currently discussing, “Do platform workers with AI-assigned job duties qualify as employees?” There’s no definitive answer yet as to whether they qualify as employees under the Labor Standards Act.
Meanwhile, foreign precedents have responded to this topic by presenting South Korean court decisions on analogous issues. These can be used as interim guidelines until clarity is provided through the act.
3. Governance and Risk Management
Along the lines of the EU, AI Act adopted in March 2024, South Korean lawmakers are tightening regulations on AI generated content with high-risk systems.
However, progress is still limited to a bill pending in the National Assembly. It shows the alignment between the Korean government and the EU AI Act on high-risk AI systems.
In response to this regulation, businesses or like-minded people must examine their current or intended Artificial Intelligence (AI) systems. Does it fall into the category of high-risk technologies? Will it be allowed in South Korea going forward?
If you need a partner, who can help you protect your masterpiece, Am Badar & Am Badar is always on your side. To find out more about our Intellectual Property Services, visit our services page, our insights page, or contact us.
AI Artwork Copyright in Indonesia
As stated in the Great Dictionary of the Indonesian Language, Artificial Intelligence (AI) is a computer program that can imitate human intelligence, such as making decisions, providing a basis for reasoning, and other human characteristics.
However, AI does not have natural thinking power like humans. To produce something, AI relies on a set of algorithms and parameters created by programmers (humans). By drawing from past creations, AI can generate a piece that seems fresh.
In other words, the content created by AI does not go through a new creative process but is only an abstraction of previous content.
Several Indonesians used Chat GPT to generate written works, including short stories, poetry, and articles. It has caused various polemics against works created with AI. These are some copyright questions frequently asked by Indonesians.
1. Can AI Become a Creator?
Black’s Law Dictionary states that intellectual property is a group of rights that shield the products of human intellect. Meanwhile, the World Intellectual Property Organization (WIPO) defines intellectual property as a product of human thought; not machines, animals, or other elements.
The Directorate General of Intellectual Property also defines intellectual property as a right that arises from human thought. It produces a product or process that is useful to humans. So, it can be concluded that creation must be human-made to be classified as intellectual property.
2. Is AI Content Classified as Creation?
In theory, two requirements must be met for work to be categorized as a creation, that is originality and fixation. As a country that adheres to a civil law system, Indonesia emphasizes the aspect of the creator’s personality in a work.
Two creators can take inspiration from the same thing. Their work can be protected by the Author’s Rights with a requirement–they do not imitate each other. It stems from a logical comprehension that two people can’t create the same thing. Both of them must have their personalities, which are reflected in their work.
The Author’s Rights Law defines a “Creator” as a person or group who creates something original on their own or together. This definition determines the originality requirement. For something to be recognized as a Creation, the Creator must have a personality (only humans have).
Fixation refers to the ideas being put into a tangible medium. While AI content meets the criteria of being in a stable medium and expressing a particular idea, they do not qualify for Author’s Rights because both conditions must be met cumulatively.
Conclusion
The law states that AI-generated content is not protected. Plus, AI is not classified as a creator. The latest law has not even been able to accommodate intellectual property for content produced by Artificial Intelligence (AI).
Intellectual property is an exclusive right owned by the creator. Contrario, if a work is not classified as a creation, then the work does not have this privilege. Wherever you are and whenever you use it, always pay attention to the applicable terms and conditions to avoid unwanted consequences.
If you like this topic, read “Copyright Claims in Indonesia: A Guide for Businesses and IP Firms.” For more information about Intellectual Property Services, visit Am Badar & Am Badar‘s website and read the insights page. If you want a professional consultation, contact us immediately!
