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Pioneering AI Works Report

Report on Copyrightability of AI-Generated and AI-Assisted Works Released by INTA’s Copyright Committee

Karanovic & Partners is proud to announce that our Senior Associate Nikola Kliska, Head of the IP Department, was one of the co-authors of a pioneering report titled “Copyrights and Neighboring Rights in Outputs Made by or Made by Means of AI Systems”.

The report was conducted under the AI and 3D sub-committee of the International Trademark Association’s (INTA) Copyright Committee and featured contributions from several esteemed legal professionals. The coauthors of this report are:

Tobias Kempas, Advokatfirman Vinge KB, Sweden

Ulla Allgayer, Alpspitz IP, Germany

David Byer, K & L Gates LLP, USA

Nate Garhart, Farella Braun + Martel, USA

Laura A. Genovese, K & G Law LLC, USA

Catherine Lovrics, Marks & Clerk, Canada, and

Diana Mansour, Gardiner Roberts LLP, Canada

Nikola Kliska, Karanovic & Partners, Serbia

The report is a comprehensive examination of the copyright landscape across 48 jurisdictions worldwide, specifically focusing on AI-generated and AI-assisted outputs. The study serves as an invaluable resource for brand professionals seeking to navigate copyright strategies in the ever-evolving realm of AI-generated content.

Among the report’s significant findings, it highlights that while many jurisdictions do not presently grant copyright protection to AI-generated outputs, neighboring rights may offer an alternative avenue for safeguarding such creations. Interestingly, certain countries, including Ukraine, have acknowledged sui generis rights for AI-generated outputs, recognizing exclusive rights without requiring human intervention.

Regarding AI-assisted outputs, the report underscores that copyright protection is more plausible due to the substantial human contribution involved, subject to meeting local standards of originality. However, the concept of “originality” varies across different jurisdictions.

Karanovic & Partners extends its gratitude to the INTA and all the coauthors for their valuable contributions to this significant project. We will remain dedicated to further development and analysis in the field of AI, from data mining and text scratching to the protection of works that were wholly AI-generated, or AI-assisted in their creation.

For more information on the report and its findings, please visit the official website of the INTA – https://www.inta.org/wp-content/uploads/public-files/advocacy/committee-reports/20230724_Copyrights-and-Neighboring-Rights-of-Outputs-by-AI-Systems.pdf.

 

Senior Associate refers to Independent Attorney at Law in cooperation with Karanovic & Partners.

The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.