Page 244 - Kaleidoscope Academic Conference Proceedings 2024
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2024 ITU Kaleidoscope Academic Conference




           property.  As  AI  technology  continues  to  advance,  it  is      REFERENCES
           crucial  for  society  to  navigate  the  legal  and  ethical
           dimensions  of  AI-generated  works  to  ensure  fair  and   [1] “Generative AI could leave users holding the bag
           appropriate protection for creators and their creations.    for    copyright    violations    2024”
                                                                     https://theconversation.com/generative-ai-could-
           AI  is  trained  on  a  dataset  that  could be  already  protected   leave-users-holding-the-bag-for-copyright-
           under  copyright.  But  if  the  result  or  we  can  say  the   violations-225760
           expression is original then it becomes the subject matter of
           copyright.  The  protection  over  the  databases  or  the  work   [2] “Generative  Artificial  Intelligence  and  Copyright
           created by arrangement is also based on the already existing   Law                            2023”.
           copyrighted  work.  There  is  a  need  to  develop  specific   https://crsreports.congress.gov/product/pdf/LSB/L
           guidelines  and  tests  to  assess  whether  the  use  of   SB10922
           copyrighted material in training AI systems constitutes fair
           use  or  copyright  infringement.  Several  countries  are   [3] “India:   Idea-Expression   Dichotomy  Under
           enacting  laws  to  tackle  potential  copyright  infringement   Copyright   Law”,             2016.
           during AI  training.  These  laws  often  incorporate  fair  use   https://www.mondaq.com/india/copyright/536650/
           exceptions or special allowances for Text and Data Mining   idea-expression-dichotomy-under-copyright-law
           (TDM).  The  European  Union’s  Digital  Single  Market
           (DSM)  Directive  has  sparked  significant  debate  and   [4] “The Legal Implications of AI-Generated Content
           research  regarding  these TDM  exceptions  and  limitations.   in   Copyright     Law”        2023.
           There is also a need to encourage collaboration between AI   https://indiaai.gov.in/article/the-legal-implications-
           developers  and  copyright  holders  to  establish  licensing   of-ai-generated-content-in-copyright-law
           frameworks and permissions for the use of protected works
           in AI training.                                        [5] “What  is  artificial  intelligence  (AI)?”,  2024.
                                                                     https://www.ibm.com/topics/artificial-intelligence
           At  international  level,  the  United  Nations  established  the
           UNICRI  Center  for  AI  and  Robotics  in  the  Hague  to   [6] “Will  copyright  law  enable  or  inhibit  generative
           spearhead  research  in  the  field.  UNESCO,  in  November   AI?”,                            2024.
           2021,  adopted  a  non-binding  global  agreement  on  the   https://www.weforum.org/agenda/2024/01/crackin
           ethical  development  of AI,  providing  member  states  with   g-the-code-generative-ai-and-intellectual-property/
           shared  values  and  principles.  The  Organization  for
           Economic  Co-Operation  and  Development  (OECD)       [7] A. Gil, N. Juliana & S. David, “Generative AI Has
           released recommendations for AI development in May 2019   an   Intellectual   Property   Problem,   2023.
           (OECD  Recommendation  of  the  Council  on  Artificial   https://hbr.org/2023/04/generative-ai-has-an-
           Intelligence). At  regional  level  European  Union  (EU)  has   intellectual-property-problem
           played a major role. The EU’s Robolaw Project identified
           five key areas for AI regulation. Following the project, the   [8] A.  Piskopani,  “Responsible  ai  and  the  arts:  the
           EU  parliament  adopted  three  regulations  in  October  2020   ethical and legal implications of ai in the arts and
           covering  civil  liability,  intellectual  property,  and  ethics  in   creative   industries”,,   2023.
           AI.  The  Commission’s  2021  proposal  emphasized        https://doi.org/10.1145/3597512.3597528
           transparent,  safe,  and  secure  AI  development,  upholding
           human  rights.  Similarly,  more  international  harmonization   [9] A.  Zhuk,  “Navigating  the  legal  landscape  of  ai
           is  required  to  establish  a  more  unified  international   copyright:  a  comparative  analysis  of  eu,  us,  and
           approach  which  is  essential  for  fostering  global    chinese  approaches”,  AI  and  Ethics,  2023.
           collaboration  in  AI-driven  creativity.  Encouraging  global   https://doi.org/10.1007/s43681-023-00299-0
           policymakers and stakeholders to collaborate on developing
           harmonized  international  standards  and  guidelines  for  the   [10] C. Asay, “Independent creation in a world of ai”,
           protection of AI-generated works is needed.               Fiu  Law  Review,  vol.  14,  no.  2,  2020.
                                                                     https://doi.org/10.25148/lawrev.14.2.5
           Ultimately, navigating copyright in the age of AI requires a
           collaborative   effort.   Legal   scholars,   policymakers,   [11] C.  Aulia,  “copyright  responsibilities  of  artificial
           technologists, and creative communities must work together   intelligence  in  the  digital  age”,  Indonesia  Law
           to  develop  a  framework  that  fosters  innovation  while   Reform  Journal,  vol.  3,  no.  2,  p.  145-154,  2023.
           safeguarding  the  rights  of  creators,  both  human  and   https://doi.org/10.22219/ilrej.v3i2.26042
           machine. By embracing these complexities, we can ensure
           that  AI’s  creative  potential  flourishes  within  a  fair  and   [12] C. Wei, “copyright protection and data reliability
           balanced copyright ecosystem.                             of  ai-written  literary  creations  in  smart  city”,
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                                                                     https://doi.org/10.1155/2022/6498468





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