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ARTICLE · 31 JULY 2024

Authorship In AI-Generated Works: Who Owns The Copyright?

MLT Aikins LLP
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Interestingly, Canadians may soon receive guidance from the Federal Court of Canada on whether AI can be considered an "author" with respect to copyright registrations on AI-generated works.

CanadaTechnology

Artificial-intelligence (AI) has taken the modern world by storm. While AI may be an amazing tool with vast opportunities for innovation, this rapidly evolving technology also challenges modern legal systems, including Canada's intellectual property (IP) regime.

Interestingly, Canadians may soon receive guidance from the Federal Court of Canada on whether AI can be considered an "author" with respect to copyright registrations on AI-generated works.

Recently, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) filed an application to expunge or amend a copyright registration for the visual artwork Suryast. According to the registration, which was obtained in December 2021, the artwork's authors are both "Ankit Sahni" and "RAGHAV Artificial Intelligence Painting App." Mr. Sahni used the generative AI's functions to combine his own photo of a sunset with Vincent van Gogh's famous painting The Starry Night.

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