Artificial intelligence systems-aided news and copyright: assessing legal implications for journalism practices

Abstract

Automated news, or artificial intelligence systems (AIS)-aided production of news items, has been developed from 2010 onwards. It comprises a variety of practices in which the use of data, software and human intervention is involved in diverse degrees. This can affect the application of intellectual property and copyright law in many ways. Using comparative legal methods, we examine the implications of them for some legal categories, such as authorship (and hence required originality) and types of works, namely collaborative, derivative and, most especially, collective works. Sui generis and neighboring rights are also considered for examination as being appliable to AIS-aided news outputs. Our main conclusion is that the economics intellectual property rights are guaranteed in any case through collective works. We propose a shorter term of duration before entering public domain. Still, there is a place for more authorial, personal rights. It shows, however, more difficulty when coming to moral rights, especially in Common Law countries.

This research was funded by the Ministry of Science and Innovation of Spain, grant number RTI2018-095775-B-C43 (Project: News, Networks and users in the hybrid media system. Transformation of the media industry and the news in the post-industrial era).