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8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The situation is much more complex for product designs and 3D packaging.
The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?
Most of these computer-generated works are protected by copyright in the UK. Unlike other countries, the UK gives copyright to computer generated works which do not have a human creator. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s.
‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. 36/37 (1998): 2334– 35. [4]
Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and RelatedRights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Like exceptions, or perhaps even more than them, limitations are of fundamental importance in copyright’s overall design.
Such creations may include literary and artisticworks, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. In simple terms, IP is a category of property that includes the intangible (i.e.,
It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 1858); Copyright, Designs and Patents Act 1988, c. 48 § 21 (UK). ↩︎ See 17 U.S.C. §
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