ABSTRACT THE BURDEN OF LIABILITY WITHIN INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE ZEBA HUSSAIN 2450565

THE BURDEN OF LIABILITY WITHIN INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE

Artificial intelligence (AI) has been swiftly evolving, as a result of which the advancement has imposed limitations upon intellectual property and related outcomes, all of which stem from human intent and control. This paper highlights the necessity and the challenges arising in relation to the attribution of liability to individuals and entities regarding infringement of intellectual property and others, with the use of AI, and the need to increase transparency within the system, whether it be in the legal sphere or not, focusing on the various roles of users and content developers. The paper also simultaneously analyzes doctrines such as fault-based liability and contributory infringement, wherein the former holds a party liable for damage for a wrongful action or negligence leading to the harm. At the same time, the latter leans towards intellectual property infringement, holding a party liable for the same, whether it was conducted directly or induced indirectly. Countries like the United States and India continue to thoroughly respond to AI-generated content and AI-generated infringements within Intellectual Property through legal principles and frameworks. Legal principles such as mens rea and causation are taken into account to analyze the effectiveness and extent of the same in decision-making and the status of AI-based models as ‘legal personality’ or ‘legal actors.’ The paper analyzes whether the liability shifts towards human beings, which leads to the need to shift from fault-based attribution to harm and risk prevention mechanisms. The system of analyzing liability can also help bridge the accountability gap and increase innovation within the platforms surrounding intellectual property.

Keywords

Artifical Intelligence, Intellectual Property, AI-generated content, Mens Rea, Legal Personality