FIU Law Review Symposia

Computer software is increasingly creating much of the work that entertains the public: digital graphics, songs, paintings, news stories, and even social media influencer feeds. U.S. and foreign copyright and patent offices confront the question of whether to recognize intellectual property rights in algorithmically generated processes or works and how to allocate those rights across programmers, program users, and the bots. Moreover, courts and legislators are peppered with demands that they give legal effect to algorithmic means of preventing or remediating infringement of creative works, such as YouTube’s Content ID or Audible Magic CopySense. Advocates of free speech and open competition often complain that algorithmic enforcement of copyrights threatens false positives that result in wrongful takedowns of criticism, commentary, remix, or parody. Improvements in machine learning and other artificial intelligence techniques may improve the accuracy of automated fair use or other enforcement-related determinations. This may give rise to more campaigns for legislation or judicial standards that insist on the rapid deployment of automated "upload filters" and the like, as with the Directive on Copyright in the Digital Single Market. Patent and trademark examiners could use similar techniques to prevent the issuance of rights that conflict with prior grants or encroach upon the public domain.

Intelligent Entertainment: Algorithmic Generation and Regulation of Creative Works presented by FIU Law Review will bring together prominent scholars from around the world to analyze the intersection of intellectual property and artificial intelligence, particularly but not exclusively in the copyright industries and global creative economies. Questions and topics to be raised include: how to legislate or administer exclusive rights in works that might never have been made without software or by humans unaided by artificial intelligence; to what extent creative works produced by machine learning constitute unauthorized derivative works or other invasion of the rights related to the data set analyzed during the production process; whether access to large datasets on audience reactions is changing the output and business models of creative industries; when and how enforcement of rights accruing to creative persons or brand managers may be improved by deploying machine learning or other artificial intelligence techniques; the status of text and data mining under U.S. and foreign laws; and threats to human-made intellectual property rights posed by increasingly powerful software-based systems for creating similar works.

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Watch the symposium live here on November 8, 2019.