Anti Copying In Designs says copyright laws need work
As artificial intelligence (AI) usage becomes more widespread, there are many concerns within the creative industries over how they will be affected.
And the lack of laws governing the use of AI is a real issue, particularly around greeting cards where copying is already a problem.
With AI throwing up worries as well as opportunities, PG has been hearing from those around the greetings business on the art versus artificial intelligence debate. In this final piece Dids Macdonald, founder of Anti Copying In Design, talks about the legal angles…
Dids Macdonald, ceo and founder of Anti Copying In Design
“AI, and its development at an exponential pace, is on the tip of everyone’s tongue, with its uses spanning the gamut of ground-breaking and enabling technology through to the unauthorised use of machines plundering others’ intellectual property with little or no regulation.
“Some may say plundering is a sanitised word for stealing, the consequences of which threaten many with the greeting card sector.
“Inevitably, there will be plethora of legal cases that will determine IP ownership and create case law, but at what cost?
“As many in the UK’s creative industries are lone, micro or SME businesses, in the fast-moving world of greeting cards, the cost and time involved in taking legal action to determine ownership is not an option, but help may be at hand as some of the behemoths such as Disney begin bringing cases which help to define the law more clearly.
“Under UK law you are the owner of any work you produce – if you’re employed the copyright belongs to the employer – and that copyright lasts, generally for the live of the author plus 70 years, with that copyright having been created automatically whatever you’ve produced, be it an artwork, painting, poem, sculpture, or story.
“However, currently works created by AI are not protected by copyright in the UK even if produced from a text prompt written by a human, so they can be used by anyone for any purpose.
“ACID’s Faith Capstick told me: ‘The question is where the anxiety and fear resides for artists, and understandably so. For an artist who has built up years of experience through trial and error to create their style, it would be an awful feeling to know a computer has amalgamated segments of your work and spat out something which resembles your individual, original, and unique style. Worryingly, it may come down to what the US calls the Fair Use doctrine, whereby using copyright material is justified as freedom of expression.’
“Daniel Gervais, professor at Vanderbilt Law School, added: ‘Two factors have much, much more prominence, what’s the purpose or nature of the use and what’s the impact on the market. Another burning question is, will copyright law allow robots to learn?’
“The government is intent on creating the UK as a global AI superpower but, following its consultation on AI, they were thwarted recently when a group of major IP creators and rights-holders campaigned and were successful in limiting the use of text and data mining. This may be a short-term reprieve, but it demonstrates the collective power of campaigning.
“While some are treating AI as the third industrial revolution, it could be a double-edged sword. The IP Minister is intent on the creating the right balance between an economy that protects the interests of the creator while also ensuring that the digital economy has the freedom to operate. For creative workers to get fair remuneration from those who use their work without permission, this continues to be a challenge.
“Nimble thinking translated into visionary futureproofing of creative work via carefully thought-out policy and agile regulation is essential to establish the relationship between IP and generative AI.
“While balancing the needs and expectations of consumer choice and the UK’s government ambition for digital growth, there must be safeguards to provide confidence to innovators and investors.”
How can you combat unauthorised use of your work by AI? There is no silver bullet but here are some suggestions from ACID:
- Research effective use of a digital watermarking tool.
- Support the creation of an industry-standard licensing model accessible by all from micro to macro. For example, picture agency Shutterstock say: “We’re powering the future of AI, the right way,” with use through a licensing business model.
- Sign the ACID IP Charter promoting IP ethics, compliance, and respect – and tell everyone you’ve signed it.
- Support a move to create a universal code of conduct for companies that create AI models to be trained ethically.
- The greeting card sector is a national asset so include an additional statement on the back of the card, saying: “All artwork is originally created by (insert your name). Any infringements in my copyright will be pursued vigorously,” and ACID members add the member of the organisation logo as a deterrent.
- The ACID IP Databank provides a useful tool as a safe and trusted deposit bank to lodge new designs which helps create an audit trail behind original creative work – essential evidence if you must prove IP ownership.
These views also appeared in the July edition of Progressive Greetings magazine which can be read online here, or you can subscribe here to receive the magazine by post each month.
