Article

Artificial Intelligence: Redefining Intellectual Property Frameworks and Ethical Boundaries in an Era of Innovation

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Abstract

The rapid integration of artificial intelligence (AI) across diverse sectors, from
creative industries to employment, raises questions about whether our current
intellectual property (IP) laws can govern and regulate AI-generated content.
Copyright and patent law are two IP law frameworks designed to protect creative
works and inventions made by humans. As AI is being used to create new works
and inventions, the IP law framework faces challenges in ownership and
eligibility for legal protection. In Thaler v Hirshfeld (2021), the court ruled that
AI cannot be recognized as an inventor under the Patent Act. This decision
highlights the hesitation to protect AI-generated works and the rigidity in our
human-based IP law frameworks. From hiring decisions to pornographic image
manipulation, AI also poses ethical and privacy concerns. The use of AI in
algorithmic decision-making systems and deepfakes exposes how these
technologies can be used to discriminate against or manipulate individuals. While
laws have been introduced to protect individuals against AI-based discrimination
and deepfakes, there is still a need for cohesive federal law to safeguard people
from systematic bias and those who employ AI to cause harm.

Keywords: AI, Copyright, Patent