In recent years, with the advancement of artificial intelligence (AI), discussions on the interpretation and application of intellectual property laws, including copyright law, have intensified. A critical issue is balancing the protection of creators’ rights and the freedom of AI developers, especially in the process where generative AI learns from copyrighted works and creates new ones based on that learning.
The Agency for Cultural Affairs’ Subcommittee and the Cabinet Office’s Outline Plan
The subcommittee of the Agency for Cultural Affairs has indicated a policy of continuing to apply restrictions on rights for the non-receptive use of copyrighted works. However, it has clarified that when receptive use coexists, the application of such restrictions will be excluded. This policy is a significant step towards balancing the rights of creators with the needs of AI developers, considering the potential for AI learning to infringe on creators’ rights.
Meanwhile, the Intellectual Property Strategy Promotion Office of the Cabinet Office is also addressing issues related to design law and unfair competition prevention law, apart from copyright. They are discussing the protection of efforts involved in AI creation, referencing cases such as the Yomiuri Online incident. While suggesting the possibility of protecting such efforts, they also pointed out the limitations of the economic impact of lawsuits due to the low amount of damages awarded.
Industry Governance and the Role of the Government
These trends highlight the importance of governance within the industry, not just a legal framework. The “AI and Copyright Stakeholder Network (tentative name)” to be established by the Agency for Cultural Affairs and the Ministry of Economy, Trade and Industry is expected to serve as a platform for dialogue and cooperation within the industry, sharing approaches to licensing and compensation for copyrighted works.
The Role of Patent Offices
To address these situations effectively, patent offices need to focus on the following points:
Understanding the Latest Legal Interpretations and Guidelines
It is essential to quickly grasp the guidelines presented by the Agency for Cultural Affairs and the Cabinet Office and provide appropriate advice to clients.
Importance of Contracts
The nature of contracts between AI developers and creators is crucial. By clarifying the conditions for the use of copyrighted works and compensation, the rights and interests of both parties can be protected.
Promoting Industry Governance
Patent offices should support governance within the industry and contribute to building a healthy ecosystem. This includes actively participating in collaboration with industry associations and network building to promote rules reflecting the voices of creators and AI developers.
Risk Management
Proposing appropriate risk management methods is important to allow clients to develop their business while avoiding legal risks. In particular, measures against copyright infringement and reputational risks are crucial.
Considering these points, patent offices must flexibly respond to the changing legal environment alongside the advancement of AI technology, supporting the protection of clients’ rights and business development.
