Generative AI Archives

Canadian consultation on the implications of GenAI for copyright.

The Department of Innovation, Science and Economic Development Canada (ISED) and the Department of Heritage just launched a Consultation on the implications of generative artificial intelligence for copyright.

The press release announcing the consultation gave this reason for the consultation.

The Government of Canada is committed to ensuring that Canada’s legislative frameworks remain responsive to modern realities. That is why the government proposed the Artificial Intelligence and Data Act, as part of Bill C-27, and continues to consider how other legislative frameworks may need to be updated to address the changing technological landscape, including the rapid advancement of artificial intelligence (AI) technologies.

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Generative AI and copyrights: My talk to the IPO

I was pleased earlier today to participate on a panel on generative AI and copyright at the 2023 Annual Meeting of the Intellectual Property Owners Association (IPO) in Boston.

My co-panelists were Professor Jessica Silbey (Boston University), Troy Prince (Raytheon Technologies), and Edward Ryan (Tutunjian & Bitetto P.C.). The moderator was Jenevieve Maerker (Finneganm Henderson).

Our talk was preceded by a keynote talk by Shira Perlmutter (Registrar of the U.S. Copyright Office) on AI and copyright.

My talk focused on international perspectives.…

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Copyright does not protect content produced by Generative AI (GenAI): Thaler v Perlmutter

It has ben a fundamental tenet of copyright law that for a work to be subject to copyright protection it must be the result of human authorship. The bar for protection is low and varies from jurisdiction to jurisdiction. In Canada, for example, skill and judgement is required. In the United States a minimal level of creativity is required. With the rise of generative artificial intelligence (aka generative AI or GenAI) questions have emerged as to whether content generated entirely using GenAI can be protected as work under copyright legislation.…

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Generative AI: my keynote speech on the challenges and legal issues at ITechLaw

I was delighted to have had the opportunity to discuss the challenges and legal issues associated with generative AI at the 2023 World Technology Law Conference in Toronto. I gave the keynote speech which was followed by presentations showing various uses of generative AI by Kritika Bharadwaj (Day Pitney LLP, United States), Matt Hervey (Gowling WLG, United Kingdom), Ideshini Naidoo (Thomson Reuters, Canada), and Stephen Henderson (Cassels Brock & Blackwell LLP, Canada).

The ITechLaw Association meeting had two other good sessions on generative AI.…

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