What is the general rule for using AI training data in Canada?

The general rule is that it is important for programmers to acquire licenses where training data is copyright protected. Exceptions include if the AI training data is in the public domain or if its use is allowable through exceptions like the fair dealing exception.

What are the requirements for a work to be eligible for copyright protection in Canada?

In Canada, copyright subsists in every original literary, dramatic, musical, and artistic work if it meets certain requirements set out in the Copyright Act. The threshold for originality is not particularly high but requires an exercise of skill and judgment. The work must be more than a mere copy of another work, but it need not be creative.

How does the Canadian Intellectual Property Office treat generative AI copyright?

In 2021, the Canadian Intellectual Property Office approved the copyright registration of a work co-authored by an individual and a generative AI system. However, this registration carries little weight and should not be seen as a precedent, as no commentary was provided by the office and there is no way of knowing if the AI aspect was considered.

Does generative AI exercise skill and judgment in copyright?

In the context of Canadian copyright, it is unclear which aspect of generative AI – the programmer’s coding, the user’s text inputs, or the AI running the code – should be considered for the exercise of skill and judgment.

How does the US Copyright Office treat generative AI copyright?

The US Copyright Office released a guide stating that a work created with the assistance of AI may be copyrightable if it involves sufficient human authorship. If the only human interaction is a text input, then the work is not eligible for copyright. However, if the user manipulates the AI-generated work creatively, such as through human-controlled editing, it may be copyrightable.

Are AI-generated works eligible for copyright protection?

The question of whether AI-generated works are copyrightable is still being debated. In the US, guidance is beginning to emerge on the topic. It is expected that Canada will also address this question in the near future through courts or the copyright office.