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Balancing AI Innovation and Intellectual Property Rights: Key Insights from the U.S. Senate Subcommittee Hearing

AI Regulation | Jul 30, 2023

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The U.S. Senate Subcommittee on Intellectual Property recently held a hearing to discuss the implications of artificial intelligence (AI) on intellectual property (IP) rights, particularly focusing on copyright issues.

Here are a few takeaways from the hearing from this informative client alert article written by Nathaniel Bach and Monica Kulkarni by law firm manatt.

  • Need for Federal Legislation: The committee members explored the necessity of federal legislation to protect creators' rights, especially when their works are used in training generative AI models. The discussion revolved around the creation of a federal anti-impersonation law to protect creators from intentional impersonation.
  • Licensing and Opt-Out Policies: The senators questioned the feasibility of creators opting out of the use of their data in AI training sets. Jeffrey Harleston, EVP of Business and Legal Affairs at Universal Music Group, suggested the creation of a digital marketplace for creators to license their work to AI companies for use in training sets.
  • Consumer Disclosures: The hearing also highlighted the need for clear disclosures to inform consumers when content is created by AI. This is crucial to help consumers distinguish between AI-generated and human-created content.

While the Senate seems eager to understand the AI landscape and protect IP rights, the seriousness of Congress about enacting federal legislation to regulate generative AI remains to be seen. Stakeholders are closely monitoring these issues and preparing for potential changes in the law.

See: 

AI Creations: Policy Options and a Pathway Forward

Regulating AI in Canada: The Proposed AI and Data Act (Bill C-27)


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