Japan accelerates the perfection of its AI-IP protection system
Japan is expediting the refinement of its AI-based intellectual property (IP) protection system, with a government panel proposing that artificial intelligence providers establish terms of use to safeguard IP rights. The draft interim report of this panel outlines recommendations expected to serve as a roadmap for both developers and consumers of generative AI technology.
Prompted by the rapid advancements in generative AI, the Japanese government established this panel to address pertinent issues. The panel intends to deliberate on the interim report during its meeting on April 22, 2024, with an official decision on new regulations potentially forthcoming as early as May.
The draft interim report underscores the need for collaborative efforts among stakeholders involved in generative AI to ensure the protection of IP rights. These rights are envisaged to be safeguarded through a combination of laws, technologies, and contractual arrangements, each playing a complementary role at various stages.
Specifically, the report advises AI developers to employ technologies that minimize the risk of rights infringement and to collect data in a fair and equitable manner. It also suggests that creators of copyrighted works submit their content to AI learning platforms under controlled access conditions, using user IDs and passwords to restrict unauthorized access.
Additionally, the report proposes technological solutions such as digital watermarks to indicate AI-generated content, tools to prevent automated data scraping, and filters to control AI learning from images.
Furthermore, the report acknowledges that even in cases where IP rights are not legally protected, creators may negotiate compensation agreements with AI developers. This approach is influenced by Article 30-4 of the copyright law, which permits AI to study copyrighted works without explicit permission.
However, the report highlights the limitations of existing legislation, particularly in areas where the development of skills during the creation of artistic or creative works is not precisely defined under copyright law.
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