Example 5
Artificial Intelleigence in the Law
As our technology continuously advances, the inertwining of technology and the law is a critical area of examination, with legal
principles constantly needing to evolve in an attempt to accommodate the rapid progress in technology. Artificial intelligence
(AI) intersects with intellectual property and patents and presents various challenges within not only intellectual property law
but several other areas of law today. As AI continues to develop, regulatory measures and restrictions are being adopted to
adjust to concerns and questions that are frequently arising. In order to understand the full scope of these issues, there must
be an understanding of AI and a distinction on which areas of AI pose threats to the law.
Artificial intelligence can be described as a product of computer science that allows computerized machines or systems to
execute tasks that would formerly rely on human intelligence.
This is possible because AI is constantly processing intelligence from significant volumes of data, similarly to how humans
learn from the "data" collected in the brain. Just how humans apply knowledge from different contexts, AI can apply data from
different sources of other intelligence machines to yield information. This is known as general AI. There are several different
uses for AI as well as subsets of it. The primary subsets are weak AI and strong AI. Essentially, weak AI performs specific tasks.
This can be found in everyday things like the facial recognition that unlocks iphones, google maps, and even autocorrect.
Strong AI also known as generative AI is a bit more advanced being able to use real and/or synthetic data to produce content
such as images, videos, and audio. Generative AI poses a major risk in relation to intellectual property infringement.
Currently many cases are being filed because of the legal question of whether copyright and patent infringements apply to AI.
Creators are claiming that AI is being trained on potentially thousands of unlicensed works. Prominent brands have already
begun filing claims holding the Fair Use Act accountable and begging the question of when infringement is imposed on
"transformative" works. When courts apply fair use analysis to examine cases, they may take into account the potential harm
to content creators when their data is incorporated into extensive databases and utilized in AI learning processes for generating
new content. Not only is this an issue with intellectual properties but it has an impact on safety, security, and privacy laws as
well. As of now, President Biden has established an executive order in an attempt to ensure that risks are being extensively
analyzed, users are protected, and ultimately that AI can be utilized in a trustworthy and ethical way.
Sources
https://www.wipo.int/about-ip/en/frontier_technologies/ai_and_ip.html#:~:text=AI%20inventions%20pre sent%20the%20current,players%20can%20
fully%20rely%20on.
https://www.whitehouse.gov/briefing-room/statements-releases/2023/10/30/fact-sheet-president-biden-iss ues-executive-order-on-safe-se-
cure-and-trustworthy-artificial-intelligence/
https://hbr.org/2023/04/generative-ai-has-an-intellectual-property-problem
https://www.simplilearn.com/tutorials/artificial-intelligence-tutorial/types-of-artificial-intelligence
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