The Rapid Response Institute

Tag: Disney

  • Who Owns the Intellectual Property Generated by AI?

    Who Owns the Intellectual Property Generated by AI?

    Disclaimer:  The author is not an attorney, and this document is not meant to be a legal opinion in any sense.  Interested readers should contact their legal counsel for any Intellectual Property (IP) determination.  This blog simply raises a question that is generally not addressed regarding ownership rights of the content and products developed using artificial intelligence emerging technologies.  One suspects that going forward, this issue will become more forefront.

    Moreover, this is a fast-moving environment with new local laws and promulgated regulations continuously updated.  Readers are cautioned that some of the materials herein may be quickly dated.  Appropriate legal counsel and other experts should be consulted.

    Like most new software technologies, there is a period of the Wild West where anything seems to go.  Artificial Intelligence (AI) has been no different, but now these horses are beginning to be reined in.

    It is generally accepted that the ownership of content developed using third party software belongs to the generator of said content.  Data, the results of analytics and their interpretation, computer generated audio video materials, etc. are generally covered by this convention and codified by law.  The spreadsheet vendor does not own the financial analysis that leads to major value add to the firm.  Conversely, if the financial model is flawed, the software developer is generally not liable.

    However, Artificial Intelligence is a different technology model.  It dictates that organizational AI policies recognize the disruptive change caused.  For example, the publisher of my new book, Navigating the Data Minefields: Management’s Guide to Better Decision-Making has issued its author, AI Policy.

    An AI engine searches for data and information from a wide variety of sources.  It then amalgamates and analyzes and/or develops what some consider a new product or solution–document, image, or new approach/model, e.g. medical technique.  However, did the AI secure permission from the data owner(s) or even cite its source(s)?  The most likely answer is no.  A follow-on statement might be, “why do we need that?”

    Copyright

    According to the U.S. Copyright Office, “Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.  In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!”  The Copyright Office goes on to state, “Works are original when they are independently created by a human author and have a minimal degree of creativity.”
     
    In the UK, “Two conflicting views emerged.  The tech sector believes the copyright to AI-generated content should belong to users, whereas the creative sector wants this content to be excluded from ownership completely.”
     
    From a 2022 Reuters article about a lawsuit over, Gen AI generated content.
    “Accordingly, unless a generative AI is used in such a manner that its output would be recognizably linked to some person or entity who is likely to actively police the use of their works and whose works are likely to be registered, the risk of the generative AI’s users being sued for infringement seems low.
     
    In practice, the legal issues surrounding generative AI mean that its outputs should be handled in a manner similar to materials covered by open source or creative commons licenses — i.e., with policies and procedures which ensure use only in appropriate manners and cases.  This includes determining if a project where generative AI would be used is something whose results would need to be protected and, if so, determining whether tools are available for that protection other than copyright.
     
    It also includes avoiding high risk uses, such as using generative AI to attempt to replicate the work of a particular artist whose materials were used as training data. However, with intentionality and forethought, the risks associated with generative AI can be managed, and this new technology can bring tremendous benefits to those who deploy it intelligently.“
     
    Later, we will address two other types of Intellectual Property, Patents and Trademarks.  Both have a lengthy pedigree as well that must be considered in our new AI era.
     

    Data Privacy

    Data privacy and security are major issues organizations must deal with, and the regulatory burden is onerous.  Most readers have heard of HIPPA; the need to keep individual medical records confidential.  HIPPA is symptomatic of the need to treat ALL data in secure and private.

    From the GDPR, “The General Data Protection Regulation (GDPR) is the toughest privacy and security law in the world.  Though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU.  The regulation was put into effect on May 25, 2018.   The GDPR will levy harsh fines against those who violate its privacy and security standards, with penalties reaching into the tens of millions of euros.”

    The EU regulations are viewed as the ‘gold standard’ and others worldwide are in the process of emulating them.  Increased date management regulations are a given, as is their impact on AI learning.

    IP Guardrails

    Individuals and organizations jealously guard their intellectual properties, as they should.  Just think of the significant value Disney has built over 100 years from a cartoon mouse.

    Some may see AI as an assault on the organization’s core and take legal action they believe appropriate.  Others will try to capitalize on loopholes.  This is not different behavior from the IP current practice.

    AI advocates will find themselves in the midst of what could be a significant number of legal challenges as the technology and its regulation matures.  The current long-standing legal battles over social media platforms is but one example of this process.

    IP Ownership of AI Generated Content: The Movie

    Summary of the Video

    Briefly, in the video dated January 7, 2024, the attorney makes the following key points:

    • Copyright extends only to humans and AI content generated by products such as ChatGPT do not meet the ‘human’ authorship test.  However, if a human is actively engaged in the development of (and change) said content, things get less clear.
    •  Regarding AI generated inventions, Patent law becomes more relevant.  The speaker argues that ‘at least today’ patent laws mirror copyright because human creativity is key.
    • As far as AI generated Trademarks are concerned, these products such as logos, tag lines, etc. do not enjoy original authorship protection, but their ‘first use’ has precedence.  For more information he references the U.S. Patent and Trademark Office (USPTO).
    • Finally, he states that this area of the law is unfolding, and change is likely.

    These points were transcribed by this pundit.  As such, they are only his perception and must be viewed skeptically when addressing a specific ‘real’ question regarding this subject matter.  The attorney’s fifth bullet is probably the most important one.

    Final Thoughts

    Intellectual Property ownership is an area that technologists and software developers are generally not involved with.  Additionally, many have historically treated the content found online as if it is in the public domain.  We now know that authorship should be attributed.

    For most of the things individuals and organizations do with online content this is not an issue.  Blogs, political opinion and technology critique among others come to mind.

    However, AI has the potential to change fortunes (wealth, reputation and other) of individuals and organizations.  Finally, the regulatory environment is evolving, and dramatic changes are most likely forthcoming.

    Individual creators, management and others have a responsibility to assure AI developed content meets, and not just the regulations (in each jurisdiction the firm operates in).  Moreover, governance enforcement models must add AI technologies and assure that others are not infringing on the firm’s IP with potential risks of capital and reputational loss.

    One Last Thing

    With the need to protect data as well as assure all key intellectual property is protected, will this negatively impact on the output of AI models?  What will be the basis of gen AI training if it cannot gain access to the universe of data they require?  And yes, I know we often sign away certain rights when we engage with some organizations, but we can ‘opt out’ of allowing access to our data.

    Another Blog for a later time but in the meantime, just a question.

    How is your organization addressing these and other Intellectual Property issues emerging from Gen AI and other content developers?

    Pre order our new book

    Navigating the Data Minefields:

    Management’s Guide to Better Decision-Making

    We are living in an era of data and software exponential growth.  A substantive flood hitting us every day.  Geek heaven!  But what if information technology is not your cup of tea and you may even have your kids help with your smart devices?  This may not be a problem at home; however, what if you job depends on Big Data and Artificial Intelligence (AI)?

    Available April 2025

    Ordering Information

    For More Information

    Please note, RRI does not endorse or advocate the links to any third-party materials herein.  They are provided for education and entertainment only.

    See our Economic Value Proposition Matrix® (EVPM) for additional information and a free version to build your own EVPM.

    The author’s credentials in this field are available on his LinkedIn page.  Moreover, Dr. Shemwell is the coauthor of the recently published book, “Smart Manufacturing: Integrating Transformational Technologies for Competitiveness and Sustainability.”  His focus is on Operational Technologies.

    We are also pleased to announce our forthcoming book to be published by CRC Press in 2025, Navigating the Data Minefields: Management’s Guide to Better Decision-Making.  This is a book for the non-IT executive who is faced with making major technology decisions as firms acquire advanced technologies such as Artificial Intelligence (AI).

    “People fail to get along because they fear each other; they fear each other because they don’t know each other; they don’t know each other because they have not communicated with each other.” (Martin Luther King speech at Cornell College, 1962).  For more information on Cross Cultural Engagement, check out our Cross-Cultural Serious Game.  You can contact this author as well.

    For more details regarding climate change models, check out Bjorn Lomborg and his book, False Alarm: How Climate Change Panic Costs Us Trillions, Hurts the Poor, and Fails to Fix the Planet.

    Regarding the economics of Climate Change, check out our blog, Crippling Green.

    For those start-up firms addressing energy (including renewables) challenges, the author can put you in touch with Global Energy Mentors which provide no-cost mentoring services from energy experts.  If interested, check it out and give me a shout.

  • The 1950s Were So Good Because the 1930s & 40s Were So Very Bad

    The 1950s Were So Good Because the 1930s & 40s Were So Very Bad

    An early Baby Boomer, born in 1948 this post war pundit watched (pun intended) the beginning of the broadcast television age, featuring I Love Lucy, The Honeymooners, The Ozzie and Harriet show, Leave It To Beaver, Disney’s Mickey Mouse Club, The Roy Rogers Show, Superman, Looney Tunes, Captain Kangaroo, The Howdy Doody Show and more.  A technological wonder, no less an important marvel than today’s Smart devices.

    The 1950s were a time of a non-existent (TV) American family that has never been reproduced.  My generation was raised watching June Cleaver cleaning her house all dressed up and wearing pearls.  I do not recall my mother (of that peer group) dressed as such doing daily chores.

    After the horrors of World War II and coming off the Great Depression era, America needed a pause.  Europe and Asia needed to rebuild themselves after their self imposed stupidity.  The so-called Happy Days established an Americana right up there with Norman Rockwell‘s vision.

    The 1950s set the stage for our 21st Century.  It established a ‘can do’ approach that persists to this day.  Many do not know that the transistor, the basis of all modern Cloud solutions was invented in the late 1940s and came into fruition during the 1950s.  Enabling the Apollo moonshot ten years later.

    On the down side, the Korean War draw and the Cold War with potential Nuclear Holocaust loomed large and set the stage for defeat in Vietnam.  This first American rout would not be our last.  Afghanistan!

    “Déjà Vu All Over Again”

    Apologies to Yogi Berra, it does feel sometimes like we are in a pre-1950s era.  Economic uncertainty, global political unrest, domestic turmoil, Covid-19, even pending European military hostilities, Asia etc. are all taking their toll on our collective psychic.  It all seems so similar to the late 1930s.

    The British Minister at the time, Neville Chamberlain, perceived as the appeaser did not live to the see the rout of 1940’s totalitarianism.  Had he, he might offer some thoughts about our current situation.  Winston Churchill most certainly would as would Ronald Reagan, Harry Truman, Dwight Eisenhower, Abraham Lincoln and others.

    Economically, the world fell apart.  Since the safety nets of today that did not exist back then, the impact was massive.  However, our safety nets are under attack.  Inflation may destroy the middle and other classes.  Just like it did in the 1970s—Stagflation.  The worst of all possible economic worlds.

    Our parents and grandparents survived significant and in some cases life threatening problems.  Collectively, society emerged stronger and perhaps happier.  Paraphrasing from the TV series Mission Impossible, “Our mission, should we choose to accept it is to rise to the challenge and makes this world a better place for those who follow.”

    We also remember the 1950s as so good because the 60s and 70s were subsequently very bad.  This does not need to be the case with this social/economic cycle.  We are not doomed to repeat that history and can change our destiny.

    Seems that we are not really trying.  Have we become the nanny state?  Making our parents and grandparents so proud.

    And Yet

    The 1950s were by no means perfect.  Long simmering civil rights tensions began to manifest and certainly many did not enjoy the environment many of us fondly look back upon.  However, this period was a pause that would be rudely awakened, perhaps when JFK was assassinated on November 22, 1963.  Or maybe earlier when Rosa Parks took her stand (or seat) on a bus in Montgomery, Alabama in 1955 about the time Martin Luther King Jr. was coming into prominence.

    Throughout the 1960s a number of horrendous crimes would be committed against innocent children, activists and others–ultimately leading the assassination of Dr. King.  Moreover, the 1970s would start with Kent State and the Jackson State killings.

    Lessons Learned

    For many, the 1950s were happy days, for others not so much.  Guessing most readers were not alive during this period and perhaps even their parents were too young.

    History is the ultimate task master.  Dooming new generations to relive the past.  However, this need not be the case.  We can and should learn from the follies and successes of those who precede us.

    The 1950s were unique in many ways.  Many in my generation believe that to be true.  However, it seems we are reliving the 1930-1950s era and the outcome might be similar.

    Our challenge is to make sure that does not happen.  History need not repeat itself.  It is up to us.

    What Are Your Organization’s Future/Contingency Plans?

    For More Information

    Please note, RRI does not endorse or advocate the links to any third-party materials.  They are provided for education and entertainment only.

    For more information on Cross Cultural Engagement, check out our Cross Cultural Serious Game

    We presented, Should Cross Cultural Serious Games Be Included in Your Diversity Program: Best Practices and Lessons Learned at the Online Conference, New Diversity Summit 2020 the week of September 14, 2020.  Check Out this timely event and contact the organizer for access to the presentations!!

    For more on DEI Standards, see the newly released ISO-30415.

    You can contact this author as well.