A Common Law Theory of Ownership for AI-Created Properties

A Common Law Theory of Ownership for AI-Created Properties
Author: Arjun Padmanabhan
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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Intellectual property law is not prepared for a world where non-humans create significant inventions, music, literature, and art. Generative artificial intelligence's ability to produce valuable properties without attributable authorship defies the theories of ownership that underlie modern intellectual property law. These authorless properties can be readily assigned ownership, however, under the more ancient rules of real and personal property. Lawmakers should rely on these common law rules in developing a new branch of intellectual property law that accommodates exclusive human ownership of AI-generated properties.This Article demonstrates how, under the contemporary American intellectual property regime, the ownership of AI-generated properties is troublingly uncertain. Because neither the artificial intelligence nor the person who entered the prompt can readily claim authorship, these properties could arguably be owned by the state, the developer of the artificial intelligence, the authors of the material on which the artificial intelligence was trained, or nobody at all. This Article shows how principles like the law of capture and the doctrine of accession can easily resolve this problem of authorship, vesting ownership in the place where it makes the most sense, promoting efficiency, fairness, and innovation. The Article addresses and rebuts the arguments against applying the rules of personal property to intellectual property. It concludes that the certain past, rather than the speculative future, offers the best foundation for assigning ownership over this new and important branch of property law.

A Theory of Property

A Theory of Property
Author: Stephen R. Munzer
Publisher: Cambridge University Press
Total Pages: 504
Release: 1990-01-26
Genre: Philosophy
ISBN: 1316583473

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This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

Artificial Intelligence and Intellectual Property

Artificial Intelligence and Intellectual Property
Author: Jyh-An Lee
Publisher: Oxford University Press
Total Pages: 496
Release: 2021-02-25
Genre: Law
ISBN: 0192644297

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Artificial Intelligence (AI) has become omnipresent in today's business environment: from chatbots to healthcare services to various ways of creating useful information. While AI has been increasingly used to optimize various creative and innovative processes, the integration of AI into products, services, and other operational procedures raises significant concerns across virtually all areas of intellectual property (IP) law. While AI has drawn extensive attention from IP experts globally, this is the first book providing a broad and comprehensive picture from the perspectives of the very nature of AI technology, its commercial implications, its interaction with different kinds of IP, IP administration, software and data, its social and economic impact on the innovation policy, and ultimately AI's eligibility as a legal entity.

Generative AI

Generative AI
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 16
Release: 2024-03-07
Genre: Law
ISBN:

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Generative AI: Navigating intellectual property outlines guiding principles and provides a checklist to assist organizations to understand the IP risks, ask the right questions and consider potential safeguards when adopting generative AI tools in their business.

The Future of Copyright in the Age of Artificial Intelligence

The Future of Copyright in the Age of Artificial Intelligence
Author: Gaon, Aviv H.
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2021-09-07
Genre: Law
ISBN: 1839103159

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The Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence (AI) might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence.

Intellectual Property Protection for AI-generated Creations

Intellectual Property Protection for AI-generated Creations
Author: Ana Ramalho
Publisher: Routledge
Total Pages: 167
Release: 2021-12-29
Genre: Law
ISBN: 1000513254

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This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law
Author: James Penner
Publisher: OUP Oxford
Total Pages: 398
Release: 2013-11-28
Genre: Law
ISBN: 0191654523

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Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Property in Things in the Common Law System

Property in Things in the Common Law System
Author: Bruce Welling
Publisher:
Total Pages: 251
Release: 2008
Genre: Property
ISBN: 9780980557008

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Property in things in the common law system.

The Institution of Property

The Institution of Property
Author: Charles Reinold Noyes
Publisher: New York ; Toronto : Longmans, Green ; London : H. Milford
Total Pages: 754
Release: 1936
Genre: Common law
ISBN:

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