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Home Laws & Rules

The role of artificial intelligence in the creation of IPs

What is generative AI and what role does it play in the creative process? How does it fit into the chain of editorial and TV content rights?

Rossella Arena by Rossella Arena
3 June 2024
in Laws & Rules
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The role of artificial intelligence in the creation of IPs
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Following her dedicated conference at the International Kids Licensing Days during the last Bologna Licensing Fair/Kids, Francesca Perri, Partner at Tonucci & Partners law firm, spoke on some aspects of this evolving topic.

How can we define Generative Artificial Intelligence and what applications have you analysed in your research? 

Generative Artificial Intelligence (Gen AI) is a type of artificial intelligence that uses machine learning techniques to generate or create new data that are similar, but not identical, to existing data. These models can learn to create new data by analysing patterns in large data sets (big data) and using this information to generate new examples that are similar in style or content. 

In this way, Gen AI machine learning is able to autonomously realise creative and innovative content based on algorithmic programming provided by the programmer and then processed autonomously by the AI system, independent of human input. 

I have analysed ChatGPT, launched on 30.11.2022, is a powerful and versatile natural language processing tool that uses advanced machine learning algorithms to generate human-like responses within speech. This Gen AI model has been designed as an artificial conversational system capable of conducting conversations in a natural and convincing manner. Midjourney is also a Generative Artificial Intelligence programme that generates images from natural language descriptions called prompts. 

What is the AI act and what do you think will be the new frontiers of copyright? 

Last March, the European Parliament approved a text that is likely to become final in the coming weeks. The European legislator decided to create a law on artificial intelligence based on the principle of accountability and transparency There are AI systems and practices that are expressly forbidden and there are high-risk AI technologies that must have mandatory requirements which consistency will be controlled through procedures by institutional entities. Then, for other AI systems are required only transparency obligations. Finally, for general purpose AI models, only the harmonisation rules for placing them on the market have to be complied with. Any use of copyright protected content through Gen AI requires the authorisation of the rightsholder concerned unless relevant copyright exceptions and limitations apply. If we think about general-purpose models, in particular large generative models, which are capable of generating text, images, and other content, present unique innovation opportunities but are also challenges to artists, authors, and other creators and the way their creative content is created, distributed, used and consumed. 

The big challenge will be the implementation and grounding of an effectively operational balance between the development and training of such models and other data and copyright protection.

Read the full article in the new issue of The European Animation Journal

Tags: AIIPsTonucci & Partners
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