Artificial intelligence (AI) and big data are two of the most transformative technologies of our time. They are already having a major impact on many industries, and their influence is only going to grow in the years to come.

As AI and big data become more widespread, it is important to consider the legal and copyright issues that they raise. These technologies can be used to create new works of authorship, such as music, art, and literature. They can also be used to analyse and extract data from existing works, which could potentially infringe on copyrights.

In this blog post, we will explore some of the key legal and copyright issues related to AI and big data. We will discuss the following topics:

• Who owns the copyright in works created by AI?

• Can AI infringe on copyrights?

• How can AI be used to protect copyrights?

• What are the implications of AI for the future of copyright law?

Who owns the copyright in works created by AI?

One of the most fundamental questions in the field of AI copyright law is who owns the copyright in works created by AI. In the United States, copyright law generally requires that a work be created by a "human author" in order to be eligible for copyright protection. This means that works created by AI, without any human input, are not currently eligible for copyright protection.

However, there are some exceptions to this rule. For example, if an AI is used to create a work that is based on a pre-existing work created by a human, the human author may still own the copyright in the new work. This is because the human author's original work is considered to be the "authorship" of the new work, even if the AI was used to create it.

Another exception to the rule that AI-created works are not copyrightable is for works that are created by AI but that are "sufficiently creative" to be considered original works of authorship. This is a very difficult standard to meet, and it is not clear whether any AI-created works have yet met it.

Can AI infringe on copyrights?

Even if AI-created works are not copyrightable, they can still infringe on the copyrights of existing works. This is because AI can be used to copy, distribute, or perform existing works without the permission of the copyright holder. For example, an AI could be used to create a copy of a copyrighted song or to distribute a copyrighted book online.

In order to establish copyright infringement, the copyright holder must show that the defendant copied the work without permission and that the copying caused the copyright holder to suffer damages. In the case of AI-created works, it may be difficult to prove that the AI actually copied the work, as the AI may have generated the work independently.

However, if the AI is used to copy a pre-existing work, it is more likely that the copyright holder will be able to establish infringement. This is because the AI will have copied the work from a source that is known to the copyright holder.