European Parliament: AI should not own IPRs
After MEPs first discussed the draft report of rules for Artificial Intelligence (AI) in may, they have already adopted a first set of EU rules for AI regulation at yesterday’s plenary session.
Iban García del Blanco’s leigslative initiative urges the European Commission to promptly introduce a legislative framework which would regulate AI’s use and development in a way so as to respect the ethical principles and standards and certain legal obligations. The initiative adopted with 559 votes emphasises that future laws must focus primarily on human-made AI, security and transparency, and inclusion of safeguards which will prevent AI bias and discrimination. It is also crucial that the laws allow for human oversight over any self-learning AI technology.
The second legislative initiative was presented by Axel Voss and it called for regulation of civil liability for damages, caused by AI. Legal frameworks will have to introduce legal security as well as incentivise innovations in a way that will see people trust in AI more and by deterring potentially highly-dangerous activities. Initiative adopted with 626 votes also advocates for a type of objective liability of AI operators to be introduced, similar to how use of motor vehicles is regulated.
Finally, the report by Stéphane Séjourné highlighted the importance of having an effective system for intellectual property rights protection and a system of safeguards for protection of innovators’ interests. The report was adopted with 612 votes and in its crucial part it opposes AI having legal personality and therefore AI having ownership of intellectual property rights, which should still only be granted to humans.
In doing so, the EP is the first legislative body to, albeit by way of soft-law, address the issue of AI potentially owning intellectual property rights, and has taken a strong opposing view. It will be interesting to see the reactions to the EP’s legal initiatives, first from the European Commission, and later potentially from national legislators as well.
The Internet Archive will file an appeal against an unfair decision that ignores the value of the libraries’ work
The Internet Archive is a non-profit organization that maintains the Open Library, a digital library index, and is dedicated to preserving knowledge. As many of the works in the Internet Archive are under copyright, the Archive uses a system of controlled digital lending based on digital rights management to prevent unauthorized downloading or copying of copyrighted books. In March 2020, due to the circumstances surrounding the COVID-19 pandemic, the Internet Archive established the National Emergency Library, eliminating the waiting lists used in the Open Library and expanding access to books for all readers. In June 2020, the Emergency National Library faced a lawsuit from four book publishers and was ultimately closed.
The 43rd session of the WIPO Standing Committee on Copyright and Related Rights (hereinafter SCCR) made substantial progress on the issues advocated by the A2K Coalition (Access to Knowledge Coalition), which IPI is a member of. This year’s session was the most productive on the issues of exceptions and limitations. James Love (Knowledge Ecology International), a long-time observer at WIPO, described the outcome and the impact of the public interest community as the strongest since the conclusion of the Marrakech Treaty, which brought global copyright exceptions for the benefit of the blind and visually impaired.
Today, March 17, 2023, a symposium on law in the information society is taking place in the golden lecture hall of the Faculty of Law in Ljubljana. Dr. Maja Bogataj Jančič will present copyright aspects of artificial intelligence at the symposium.
The third day of the 43rd session of the WIPO Standing Committee on Copyright and Related Rights is intended for discussion on the topic of exceptions and limitations to copyright, especially in connection with the right to research.