In the era of Industry 4.0, Artificial Intelligence (AI) has been increasingly applied to various aspects of economic and social life, playing a progressively significant role. While AI is utilized across diverse fields and has a profound impact on creativity, legal issues related to copyright protection for works generated by AI have also emerged, presenting numerous challenges.
While the earliest robots could only simulate basic human behaviors, today’s robots have made remarkable advancements. Works created by AI can astonish people, such as: (i) “The Next Rembrandt”, a piece generated by a computer based on algorithms analyzing thousands of works by the Dutch artist Rembrandt; (ii) the novel “The Land of Machine Memories”, completed with 66 text-based commands sent to an AI model; (iii) the song “The AI Love Song”, where AI composed the music at a rate of 10 melodies per second. These examples illustrate that AI is creating works of significant content and artistic value, subtly affirming that humans are not the sole creative agents.
The works: The Next Rembradt – Source: Internet
However, the way AI creates works differs from human creativity, relying on integrated algorithms that enable it to process data, analyze information, and make pre-determined decisions independently. During the creation process, AI utilizes pre-programmed data, processes this information, and produces a product based on the analysis of that data.
AI-generated works are typically categorized into two main types: Computer-Assisted Works (CAWs) and Computer-Generated Works (CGWs). Computer-Assisted Works refer to creations where computers assist in the process, such as software tools like Adobe Photoshop. In contrast, Computer-Generated Works are produced with minimal or no human intervention during their creation. Protecting copyright for CAWs is generally less challenging, whereas for CGWs, which can hold significant value, legal protection is more complex due to the incomplete legal framework.
Currently, no country has outright banned AI from creating works, but many countries do not recognize copyright for AI-generated works. For example, the U.S. Copyright Office has stated that a work must be created by a human to be protected, specifically safeguarding “the fruits of human intellect”[1]. In Australia, the court in the case of Acohs Pty Ltd ruled that a work created with the aid of a computer cannot be protected by copyright as it was not created by a human. Other countries, such as India and the United Kingdom, have different approaches. In the UK, the Copyright, Designs and Patents Act (“CDPA”) stipulates that for computer-generated literary, dramatic, musical, or artistic works, the author is considered to be the person who arranged for the creation of the work.
In Vietnam, the Intellectual Property Law defines “Works”[2] as creative products in literature, art, or science expressed in any form. According to Article 4, Clause 3 of the current Intellectual Property Law, these works must be created directly by the author’s intellectual labor and not copied from another’s work[3]. The law stipulates that only individuals or organizations (both Vietnamese and foreign) are recognized as copyright holders if their works are published for the first time in Vietnam or simultaneously in Vietnam and another country within thirty days of the first publication elsewhere[4]. Therefore, under Vietnamese law, only human individuals or organizations can hold copyright; entities like computers, robots, and AI are not considered copyright holders.
Thus, current legal frameworks do not acknowledge copyright for non-human entities. As technology advances, legal adjustments are necessary to broaden protection and adapt to scientific and technological progress.
[1] Precedent “Feist Publications v. Rural Telephone Service Company, Inc” 499 U.S. 340 (1991)
[2] Article 4, Clause 7 of the Intellectual Property Law
[3] Article 14, Clause 3 of the Intellectual Property Law
[4] Article 13 of the Intellectual Property Law
By Dang Ngoc Quynh Anh
Trademark Department
