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Liability is the only way to do the plan

Idan Zur ’24, IP & AI Associate at Dan Hay and former Legal Counsel, “New Ownership Hierarchy for AI Creations,” IDEA (The Law Review of the Franklin Pierce Center for IP), Vol 64, Num 3, pgs 668-669, 2024, https://law.unh.edu/sites/default/files/media/2024-06/article-1_idea-issue-3_zur.pdf, Accessed 7-17-2024 by NT-RS

Copyrights are not the proper protection to be granted for non-original databases as investment of time, skills, and energy does not merit such protection,526Link to the text of the note and it is legally and ethically unfounded.527Link to the text of the note When the human AI division increases, the human contribution into AI creations processes decreases. For this reason, unlike AI creations in the first and second ages, AI creations in the third age of AI do not merit copyright protection to be conferred to the human creator. The idea is to create, just like as with the databases, a weaker right that will protect the investment provided in the creation of AI by emphasizing the human contribution in these new artworks and inventions. In the third age of AI, the model of the database directive permits to provide the human creator with lower protection for AI creation that would protect the creation for a shorter period. Just as the skills, money, and other resources invested by humans to create a non-original database, the human or the company that created the AI that in turn creates new artistic work will be given a weakened protection which provides for the investment of money, time, and energy in the creation [*669] [footnotes omitted] of the AI creator. There should be a prerequisite for granting such rights to the company or the developer of the AI. In the same way that a database owner must prove "substantial investment in either the obtaining verification or presentation of the contents,"528Link to the text of the note the developer or the company that developed the AI must prove the same substantial investment.

The European Union understood that without legal protection, producers would lack incentive to continue to produce databases.529Link to the text of the note The medium-size ownership regime must also be in accordance with the purposes of IP. By providing the human creator of AI with non-conventional weakened rights for AI creations in the third age, companies, futurists, and entrepreneurs will continue to invest time and money for research and development to improve AI capacities and other technologies. Only by providing weakened IP rights to AI's creators, big technology companies will have the incentive to continue to create and develop AI who in turn will continue to create and invent.

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