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Artificial Intelligence: Copyright, patents and deepfakes

Artificial Intelligence: Copyright, patents and deepfakes

TechLaw

Artificial Intelligence: Copyright, patents and deepfakes

A challenge for companies and for regulators

European Parliament and EU Council reach consensus on first Artificial Intelligence Act

In recent days, Artificial Intelligence (AI) has made headlines in specialised and general media due to the provisional agreement reached by the European Parliament and the Council of the European Union on the proposal establishing standards for the use of AI. Although the consensus text has not yet been published, there seems to be a common position on certain obligations and restrictions regarding biometric categorisation systems, social scoring, facial databases, recognition of human emotions and Generative Artificial Intelligence (GenAI). As soon as the draft regulation is published, we will analyse it in detail.

Today we present the second issue of our series of publications on artificial intelligence (AI). In this text, we analyse the impact of this technology on intellectual property rights, patents and self-image rights, in particular due to the emergence of generative artificial intelligence (“GenAI”).

First, Intellectual Property and Technology partner Andy Ramos discusses how AI, especially GenAI, will affect copyright, in particular the foundation models on which these powerful tools are based. The training of foundation models is already a source of legal conflicts in the US and the UK, with different legal approaches to the EU.

Secondly, deepfakes have been causing tensions in the area of image rights for several years now and, although there is no specific regulation in this regard, Diego de la Vega, Intellectual and Technological Property lawyer, explains in this publication how the legal system already offers solutions to certain unlawful attacks.

Finally, on the subject of patents, Rais Amils, Intellectual Property and Technology partner, discusses the debates that have already arisen due to AI tools that have developed patentable inventions.

In the next publication we will address the intersection between AI and the processing of personal data.

Inteligencia Artificial: Derechos de autor, patentes y deepfakes 1