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17 Jan 2024

To balance the moral rights of the owner and the interests of the developer, ISED should implement regulations that require the developer to recognize the use of the owners’ works in non-commercial and research applications. [...] This is where the exceptions to the copyright law regarding TDM are determined by a test of proportionality and includes assessing the purpose and character of use, the nature of the copyright, the amount and substantiality of the portion taken during the TDM process, and the effect of the use on the potential market. [...] Although this doctrine slightly changes the traditional method from granting the ownership of the copyright to the author of the works, to instead granting the ownership of the copyright to the employer of that individual, the work for hire doctrine allows for a more viable solution to issues of infringement and liability that arise with AI-generated works or AI systems. [...] The regimes that support authorship being granted to the programmer support it on the grounds that the result from the AI technology is not too remote from the work of the programmers.8 It must be ensured that the pattern used by the AI system is discernible to the programmer and not just the AI system; as the basics of copyright law or creative input and labour are lost the moment that the progra. [...] In this type of creation, the use of the AI system by the individual is the acceptance of being liable for the content that is used to create the work.

Authors

Daniel Konikoff

Pages
5
Published in
Canada