Difficulties Copyright Images Must Face Due to New Technologies: The Interaction Between Artificial Intelligence and Intellectual Property

Abstract

The copyright treaty establishes possibles to protect the rights of unpublished, claim of paternity, indication of the name in any use, integrity of the work (which makes it possible to oppose any modification, or the practice of an act that, in any way, may damage it or affect the author’s reputation or honour), change of the work (before or after use), withdrawal of the work from circulation or suspension of any form of already authorized use when the circulation or use implies an affront to its reputation and image. In this context, this study focuses on studying the two images created by AI systems with minimal or even no human participation to verify the possibility of a machine being the author of creation. The study focuses on studying two cases: (i) The French collective art group “Obvios” heads a project whose slogan is: “Creativity is not just for humans” (Pinheiro, 2020); (ii) Researchers at the University of Konstanz, in Germany, made a robot and named it e-David, to which they assigned the task of painting (E-David, 2019). The exploratory methodological approach, the hypothetical-deductive method, and the case study technique are intended to elucidate the research core, which deals with the interaction between artificial intelligence and intellectual property. The outcomes indicate that it will be necessary to understand what could be the most appropriate form of legal protection, given that the rules on copyright always contemplate human activity, as copyright is a right of a very personal nature.

Presenters

Claudia Ribeiro Pereira Nunes
Student, PhD, Universidad Complutense de Madrid, Madrid, Spain

Rafael Ribeiro Gonçalves
Student, Communication Science, Universidade Católica Portuguesa, Lisboa, Portugal

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

The Image in Society

KEYWORDS

ARTIFICIAL INTELLIGENCE, IMAGES COPYRIGHTS, INTELLECTUAL PROPRIETIES