Month: June 2024

At the frontier of Intellectual Property, a dilemma comes up: is it possible for creations generated by Artificial Intelligence (AI) to be protected? Currently, patent applications for such inventions face barriers in several jurisdictions around the world.

 

In the face of this impasse, a discussion has emerged about the necessity of a specific approach to the protection of AI creations. Recently, in February 2024, a proposed legislation was presented with the intention of modifying the Industrial Property Law (Law 9.279/96), proposing that AI systems could be considered the authors of their own inventions, granting them intellectual property rights. Under this proposal, the AI system would be considered the inventor.

 

 

In Brazil, the official patent authorities are studying the idea of considering AI systems as inventors, particularly in cases involving human intervention. This debate gains relevance with the “Dabus” case, which is a system that has been granted inventor status in patent applications. In 2019, the “Dabus Case” attracted attention in the UK when the creator of the system tried to register two inventions autonomously generated by AI. However, these applications were rejected in Europe, the United States and Brazil, due to the non-existence of a qualified inventor.

 

This discussion illustrates the possibility of re-examining and adapting intellectual property laws to deal with the complexities of the Artificial Intelligence age. The issue of recognizing AI systems as inventors is not only a legal challenge, but also raises ethical and practical questions about the attribution of responsibilities and rights.

 

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Author: Isabela Nicolella Vendramelli, Thaís de Kassia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados

Source:  https://www.portalintelectual.com.br/protecao-especifica-para-ia-ganha-forca-na-area-de-propriedade-intelectual/

https://www.conjur.com.br/2024-mai-21/o-inventor-robo-as-criacoes-da-inteligencia-artificial-merecem-protecao-legal/

 

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If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.

The Mechanical Licensing Collective (MLC), an American collective of songwriters, has filed a lawsuit before the federal court in New York to claim the payment of royalties owed by the streaming platform Spotify, the collective alleges that there was underreporting by the company, generating a debit balance of 50% on the total revenue.

 

Spotify estimates that in 2023 the revenues of publishers and copyright collective management entities will have reached their record high and that in 2024 the revenue will be even higher. However, the collective entities believe that there may still be a loss of up to 150 million dollars in unpaid amounts, alleging that the platform violated the rules when classifying the audios, changing the category at the time of distribution and, consequently, reducing the royalty leave previously established for payment.

 

In the United States, the collective management of copyrights is promoted by entities appointed by the U.S. Copyright Office (USCO), in the case of streaming reproductions, this collection is the responsibility of the Mechanical Licensing Collective (MLC), appointed by the (USCO). The MLC also has the power to negotiate and provide licenses to digital platforms, such as Spotify. Subsequently, MLC also distributes royalties to artists.

 

 

Spotify itself, on its website, defines MLC control work as follows:

 

“MLC receives notices and reports from digital music providers, identifies musical works and their owners to make payments, and collects and distributes royalties to songwriters, lyricists, music producers, administrators, and CMOs.”

 

In Brazil, this management also follows very similar steps. In Brazil, ECAD is the body responsible for collecting and distributing music copyrights to authors and other owners. This body is managed by seven other associations representing different categories of members, such as composers, performers, musicians, publishers and affiliated phonographic producers.

 

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Advogado(a) autor(a) do comentário: Ana Luiza Pires, Lígia Ferreira Marcondes Rocha e Cesar Peduti Filho, Peduti Advogados

Fonte: https://www.terra.com.br/byte/coletivo-de-compositores-processa-spotify-por-milhoes-de-musicas-sem-pagamento-de-royalties,7515ed97e1169ae3c3fb8e255ee9d2421sp0ussi.html 

 

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Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.

Apple has shown significant concern about the potential for advancements in artificial intelligence to undermine its dominant position in the global smartphone market. To safeguard itself against these new and advanced technologies, the company is contemplating major changes. Firstly, it is developing a generative artificial intelligence tool to enhance the usefulness of its ‘Siri’ assistant.

 

According to the New York Times, Apple is undergoing its most significant reorganization in a decade as it strives to keep pace with advancements in artificial intelligence technology. To understand the scale of this concern, consider that the company even cancelled its autonomous car development project as it had to reassign hundreds of engineers to focus on artificial intelligence.

 

What we have heard so far is that the improved version of Siri should be more private than competing AI services, as it will process requests directly on iPhone devices rather than remotely in the cloud.

 

On the other hand, Apple is concerned that if it doesn’t succeed in its current efforts, iPhone technology will become obsolete compared to other devices equipped with the latest technology.

 

 

It’s important to note that the news of this concern comes at the same time as the Council of the European Union has approved the Artificial Intelligence Act, which will regulate the new technology.

 

According to the EU’s own statement, the new law aims to foster the development and adoption of safe and reliable AI systems across the EU single market by both private and public entities. Simultaneously, it seeks to ensure the protection of the fundamental rights of EU citizens and to encourage investment and innovation in artificial intelligence in Europe.

 

There is therefore no doubt about the topicality of the subject of artificial intelligence, both in the legal and business world, and the efforts being made by public and private organisations to make better use of the technology.

 

As this is a new subject with many nuances and approaches, it is worth contacting a lawyer specialised in intellectual property to understand the limits of protection and exploitation that exist to date. Peduti Advogados can help you with this.

 

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Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.

Source: Worried about falling behind, Apple reorganizes around AI + https://www.semafor.com/article/05/10/2024/worried-about-falling-behind-apple-gets-scrappy-on-ai 

 

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”