The CityU
Staff Seminar named “Copyright As An Obstacle to AI Development” was held on 19th
Aug 2020. This talk invited Dr. Tianxiang
He (Asst. Professor, School of Law) to investigate the current debates over
copyright issues of AI in China, a jurisdiction that embraces the droit
d'auteur (or French copyright law) system, especially those surrounding the
pivotal issues of originality and ownership, and clarifies possible misunderstandings.
Firstly, Dr.
He briefed that Artificial Intelligence (AI) technology had reached a point where
the contents it generated were ostensibly analogous to expressions, a skill
once dominated by humans, was possible.
Therefore, the idea of a ‘machine author’ had challenged this understructure
of copyright law globally, spawned the need for legislative responses in both common
law and civil law jurisdictions. Then Dr. He showed AI-generated work using his
photo through google dream generator (https://deepdreamgenerator.com/)
There were
three issues happened below:
-
Is
there a need to regulate?
-
In
what way can we offer copyright protection?
-
Is
copyright the only solution?
Then Dr. He explained
the concept of “Originality” that different countries had different requirements
on their law.
There are two
paths that one is subjective and the other one is objective. Objective standard in assessing the
originality of AI-generated contents: if the lowest degree of creativity can be
found on the work, it is then considered original. (Focus on result/end product)
Dr. He though subjective
path is more justifiable. Subjective
standard which believes that the creative process is decisive when assessing
originality rather than the end product.After that Dr. He discussed “Can AI own the copyright?” that only natural and legal person can enjoy copyright. Another question was “Can we make machine the author?” There can be two approaches that legally recognize machine as copyright owner or assign the rights to human beings. Who is the suitable right owner? Dr. He discussed that could include designer (programmer), operator, owner of the machine, co-ownership between designer and operator, and public domain. Whether AI-generated works involved human input and to what degree would be crucial in determining it’s copyrighability, that is the question. Dr. He summarized the current treatment that no way for machine to own copyright.
Finally, Dr.
He discussed the future of AI-generated contents protection model in China. Machine was not about to be regarded as an
author in China but he added that could be considered the neighboring rights.
Q&A
Session:
I captured a
group photo of participants (~44).
Lastly, I
asked a question that "If company and programmer has contract about
copyrith of algorithm, so programmer set the algorithm to create different
article/music. Could the programmer own the right under the contract?". Dr. He said programmer may like a user for
general purpose but programmer own the right of algorithm for specific purpose
based on the contract. However, the
different articles or music generated by algorithm was not considered as human
being creativity.
Reference:
CityU Staff
Seminar series - https://www.cityu.edu.hk/slw/news/events.html
Other CityU’s AI seminar:
20191101: CityU & PolyU Jointly Seminar on Attacks and Defenses on
Machine Learning Services - https://qualityalchemist.blogspot.com/2019/11/cityu-polyu-jointly-seminar-on-attacks.html
20190912: CityU Seminar on the challenges and responses of AI to Public
Management - https://qualityalchemist.blogspot.com/2019/09/cityu-seminar-on-challenges-and.html
20190814: CityU & NVIDIA Technology Sharing - AI Application and
Research - https://qualityalchemist.blogspot.com/2019/08/cityu-nvidia-technology-sharing-ai.html
20190409: CityU & TFI Seminar – AI for Better Health and Wealth - https://qualityalchemist.blogspot.com/2019/04/cityu-tfi-seminar-ai-for-better-health.html
20190409: AI and E-Commerce: Ethical Conflicts《人工智能與電子商貿:倫理對弈》 - https://qualityalchemist.blogspot.com/2019/04/ai-and-e-commerce-ethical-conflicts.html
20190322: CityU President's Lecture series - Big Data Analysis & AI:
Opportunities & Challenges - https://qualityalchemist.blogspot.com/2019/03/cityu-presidents-lecture-series-big.html
20190227: CityU Seminar on Design of Accident Prevention System for LWR
using ANN and HS Simulator - https://qualityalchemist.blogspot.com/2019/02/cityu-seminar-on-design-of-accident.html
20190128: CityU Distinguished Lecture on AI Enabled Personalized
Theranotics - https://qualityalchemist.blogspot.com/2019/01/cityu-distinguished-lecture-on-ai.html
20190122: CityU Seminar on The First Step for AI-based Human-Like
Language Understanding – Sentiment Analysis of Text - https://qualityalchemist.blogspot.com/2019/01/cityu-seminar-on-first-step-for-ai.html
20181227: CityU Distinguished Lecture - How to Make an Artificial Vision
System Smart? - https://qualityalchemist.blogspot.com/2018/12/cityu-distinguished-lecture-how-to-make.html
20181114: CityU the 1st Workshop on Financial Data Analysis - https://qualityalchemist.blogspot.com/2018/11/cityu-1st-workshop-on-financial-data.html
20180804: HKSQ AGM Quality Innovation Seminar on “Extenics and AI
Application” - https://qualityalchemist.blogspot.com/2018/08/hksq-agm-quality-innovation-seminar-on.html
20180607: CityU Workshop on AI in the Era
of Big Data - https://qualityalchemist.blogspot.com/2018/06/cityu-workshop-on-ai-in-era-of-big-data.html
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