Intellectual Property Considerations for Digital Products

Are you creating amazing 3D models using AI tools like Gemini AI and excited to share them with the world? Hold on for a second! Before you hit that upload button, here are some important Intellectual Property considerations you must keep in mind. 🔸 Who Owns the Rights? When you use AI tools to generate images or 3D models, check the terms of service of the platform. Some tools claim ownership of the generated content, while others may allow you full rights. Always clarify who holds the copyright or license. 🔸 Originality Matters Even if the images look unique, if they are derived from existing copyrighted works, uploading them publicly can lead to infringement claims. Be cautious if you modify existing works. 🔸 Trademark Issues Avoid using recognizable logos, brand designs, or famous character likenesses in your 3D models without proper permission. This can attract trademark infringement problems. 🔸 Right of Publicity If your model resembles a real person, their consent may be required before commercial use. As a Media & IPR lawyer, I always recommend being informed to protect your creativity and avoid legal troubles. Stay creative, but stay safe! #IntellectualProperty #IPR #GeminiAI #3DModels #AIContent #DigitalCreatives #LawTips #MediaLaw #Copyright #Trademark #CreatorsRights

Dr. Saju Skaria's Weekly Reflections: 20/2023 Intellectual Property (IP) issues and Generative AI The use of Generative AI has taken the industry by storm. I thought it’s imperative to touch on this critical issue, i.e., intellectual property, before we close the discussions on AI. AI technology, leveraging data lakes and question snippets to recover patterns and relationships, is helping immensely in creative industries. However, we have a critical issue that the legal fraternity is trying to address: copyright infringement, ownership of AI-generated work, and leveraging unlicensed content in training data. Trained AI tools can replicate copies of original work (for example, paintings or photographs), which is a copyright infringement. A further challenge is that the users might create copies of the original that need to be more transformative, thereby causing the credibility of the original work. These unauthorized derivatives can cause significant penalties, and the courts are already dealing with such issues. There is significant debate around the “fair use doctrine” that allows reviewing the copyrighted without the owner’s permission for purposes like criticism (including satire), comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,” and for transformative use of the copyrighted material in a manner for which it was not intended. A word of caution for companies is how to use Generative AI and leverage content. It’s a tightrope walk. Not even accidentally using copyrighted content, directly or unintendedly, without adequate protection can cause significant penalties. How could we reduce the risk of getting stuck in an IP violation? Here are a few recommended steps. 1.     AI developers (individuals /organizations) must ensure that they comply with the law regarding acquiring data to train their models. 2.     Creators, both individual content creators and brands that create content, should take steps to examine risks to their intellectual property portfolios and protect them. 3.     Businesses should evaluate their transaction terms to write protections into contracts. As a starting point, they should demand terms of service from generative AI platforms that confirm proper licensure of the training data that feed their AI. Finally, with appropriate protection, businesses can build portfolios of works and branded materials, meta-tag them, and train their generative AI platforms to produce authorized, proprietary (paid-up or royalty-bearing) goods as sources of instant revenue streams. I welcome your thoughts and views on the topic. #AI #Leadership Bharat Amin, NACD.DC ML Kabir Sandeep (Sandy) M. Krishnan CA Randhir Mazumdar Dr. Swati Karve, PhD Psychology Ashish Saxena Shiny Skaria

https://lnkd.in/gi69DZfh Navigating the AI & IP Crisis: A Path Forward for the Creative Industries A recent court decision favoring artists against AI art generators marks a pivotal moment at the intersection of technology, creativity, and intellectual property (IP). As AI drives content creation, this ruling highlights the need for solutions to manage the complexities of IP in the digital age. The Legal and Ethical Dilemma AI’s ability to generate content—whether art, music, or written works—offers incredible opportunities for innovation. But this innovation brings new legal and ethical challenges. The court’s decision highlights the tension between creators’ rights and AI capabilities. As AI-generated content grows, so does the potential for legal disputes, creating uncertainty for creators and tech companies alike. Seamless IP Management and Payment Solution To tackle this growing crisis, scalable infrastructure is needed for IP management and payment processing. As the creative and tech industries evolve, so must the systems that support them: 👉 Legal Compliance: AI-driven smart contracts automate compliance, ensuring AI-generated content adheres to IP laws, reducing the risk of legal challenges. 👉 Rights Management: Effective IP management is essential for sustainable growth in traditional and AI-driven content industries. Integrating blockchain makes these processes more transparent, secure, and efficient. 👉 Automated Payments: With the rise of microtransactions and digital platforms, seamless and scalable payment systems are essential. Automated payments ensure creators are compensated fairly and promptly, fostering a more equitable ecosystem. Balancing Innovation / Responsibility AI companies and content creators must balance innovation with legal and ethical responsibility. The court’s decision reminds us that AI’s capabilities must be grounded in frameworks that protect creators’ rights and ensure fair compensation. The way forward involves embracing technology that supports innovation while upholding fairness and transparency. By automating IP management and payments, companies can focus on pushing the boundaries of what AI can achieve without the risks of legal non-compliance. Vision of the Future As we stand at the crossroads of AI and IP, scalable solutions have never been more critical. The creative industries are on the brink of a transformation that requires technological innovation and a rethinking of how we approach IP in the digital age. The AI and IP crisis is an opportunity to build the infrastructure that will support the next generation of digital content. It’s time to create an ecosystem where creativity and technology coexist in a way that benefits all stakeholders.#AI #IntellectualProperty #Innovation #ContentCreation #LegalTech #Blockchain