AI and IP: Rewarding Human Creativity
摘要
The rapid advancement of generative AI has created unprecedented tension between AI developers’ data requirements and creators’ intellectual property rights across copyright, patent, and performers’ rights. This chapter examines frameworks governing AI and IP across the EU, the USA, and the UK. The EU permits text and data mining under specific exemptions; the USA confronts contested fair use claims through ongoing litigation; the UK maintains strict protections but lacks enforcement. Courts have begun clarifying boundaries: the Anthropic settlement distinguished deliberate piracy from fair use; the Getty Images v. Stability AI trial resulted in withdrawal of copyright training claims. Patent law struggles with AI inventorship—the UK Court of Appeal and Supreme Court restricted AI patentability, while performer protection remains inadequate across jurisdictions. Government responses have stalled: the UK deferred its copyright option pending unmet technical standards; the US NO FAKES Act for performer protection remains gridlocked in Congress. The author concludes that while judicial decisions are providing incremental clarification, the fundamental tensions across copyright, patents, and performers’ rights remain unresolved. Effective enforcement, transparency requirements, clarified ownership frameworks, and enforceable international standards are essential to ensure the IP system rewards human creativity rather than consolidating wealth in technology corporations.