Artificial intelligence (AI) is a powerful tool, and there’s no question that it's Advancing quickly. As AI devices take on more creative tasks—like writing novels or making music, many provocative questions arise. What happens when this new technology crosses into the realm of copyright law? Can Artificial Intelligence be considered authors? And if so, do they have any legal rights under our current copyright laws?
While it may seem like copyright law would apply to A.I., there are some important questions to ask. On the surface, it seems that copyright law would apply because A.I.-generated art and music seem like original works of authorship.
For Now though…. its is not. Why? Because it's created by something other than a human being--a computer program in this case-- one specifically designed for making art or music (or whatever else). So while we might think of these types of programs as tools whose output qualifies as protected, it's unclear whether they qualify. They Weren’t made by any one person in particular but rather represent an aggregation of many different people's ideas put together into one piece through collaboration with others' input.
Copyright law protects original works of authorship, which are fixed in a tangible medium of expression. A work is "original" if it was independently created by the author (as opposed to copied from someone else's work), and possesses at least some minimal degree of creativity. The idea/expression dichotomy means that copyright does not protect ideas, methods, processes or systems as such; instead these things are treated as uncopyrightable facts or ideas. The same applies for any non-physical descriptions like names, titles and short phrases - although there may be some protection for these if they have been used as names for businesses or products such as the Brand. The Copyright Act specifically defines "authorship" as a work that is created by a human being; however courts may consider whether the work was created "by mechanical process or random selection."
Other parts of writing that you might use for creating your social media or branding falls under “Trademark” And Not Copyright.
What is the difference between copyright and trademark?
Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans.
Confusing right? Even the lawyers still haven’t worked this all out within Artificial Intelligence. Your Best Bet As A Small Business Owner is to Make Sure You’re Legally Protected Should you accidentally infringe on another Brands Trademark or should your creative work be used without your permission.
Having the Correct Legal entity for your business is important too. You want your business and personal entities to be completely separate.
One of the first things I do as A Business Success Coach is make sure you are set up correctly so you don’t have to worry.