The Government of Canada has launched a consultation to gather Canadians’ thoughts on generative artificial intelligence (AI) tools and the implications for copyright holders. The consultation aims to address concerns regarding the use of copyright-protected works in AI systems, authorship and ownership rights related to AI-generated content, and liability issues when AI-generated content infringes existing copyrighted works. This follow-up consultation builds upon the previous one held in 2021, taking into consideration the advancements in AI technology and its impact on the copyright marketplace. Feedback and insights collected from Canadians and various stakeholders will contribute to the development of copyright policy, ensuring a balanced framework that protects the rights of creators while fostering the safe and ethical development of AI.
Consultation on Generative Artificial Intelligence and Copyright Implications
The Government of Canada has launched a consultation to gather input on the implications of generative artificial intelligence (AI) for copyright holders. The consultation aims to address issues related to the use of copyright-protected works in AI training, authorship and ownership rights of AI-generated content, and liability for infringement of existing copyright-protected works.
Impetus for the Consultation
The impetus for this consultation stems from the rapid advancement of AI technologies and the need for responsive legislative frameworks. The Government of Canada is committed to ensuring that its legislative frameworks remain up to date and adaptable to the changing technological landscape. In line with this commitment, the government has introduced the Artificial Intelligence and Data Act as part of Bill C-27 and continues to explore updates to other legislative frameworks.
Overview of the Consultation Process
The consultation process will involve gathering feedback from Canadians on the implications of generative AI tools for copyright holders. A consultation paper has been released, outlining the key questions to be studied and inviting stakeholders to provide their perspectives. The focus areas for discussion and analysis include the use of copyright-protected works in AI training, authorship and ownership rights of AI-generated content, and liability for infringement of existing copyright-protected works.
Key Questions to be Addressed
The consultation paper poses several key questions that will be addressed throughout the consultation process. These questions include:
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Use of Copyright-Protected Works in AI Training: How should copyright law address the use of copyrighted works in training AI systems?
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Authorship and Ownership Rights of AI-Generated Content: Who should be considered the author and owner of content generated by AI systems?
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Liability for Infringement of Existing Copyright-Protected Works: Who should be held liable when AI-generated content infringes upon existing copyright-protected works?
The government recognizes the importance of gathering input from stakeholders to ensure a comprehensive understanding of the implications of generative AI for copyright.
Previous Consultation in 2021
In 2021, the government conducted a consultation on a modern copyright framework for AI and the Internet of Things (IoT). At that time, many Canadians felt it was too early to comment on the implications of AI for the copyright framework. However, with the recent release of powerful generative AI tools, stakeholders in the creative industries have expressed concerns and highlighted the need to revisit these issues. The feedback received during the previous consultation will be taken into account in this updated consultation.
Importance of Revisiting the Issues
The release of powerful generative AI tools has raised new concerns regarding the protection of copyright holders’ rights. Stakeholders in the creative industries have emphasized the need for a balanced and updated copyright framework that can address the challenges posed by AI technologies. By revisiting these issues, the government aims to ensure that copyright holders can give consent and receive credit and compensation for the use of their works.
Timeline and Deadline for Feedback Submission
Canadians have until December 4, 2023, to submit their feedback online. To gather additional insights, Innovation, Science and Economic Development Canada and Canadian Heritage will also hold a series of roundtable discussions with stakeholders from the creative industries and AI development. The feedback collected will contribute to the development of copyright policies.
Roundtables with Stakeholders
The government recognizes the importance of engaging with stakeholders from the creative industries and AI development to gain a comprehensive understanding of the implications of generative AI for copyright. Roundtable discussions will provide an opportunity for stakeholders to share their perspectives, concerns, and recommendations, further informing the development of copyright policies.
Contribution to Copyright Policy Development
The feedback received through this consultation will contribute to the development of copyright policies in Canada. The government is committed to ensuring a balanced copyright framework that protects the rights of Canadians while fostering innovation and creativity enabled by AI technologies. By considering the perspectives and input of stakeholders, the government aims to develop responsive and effective copyright policies.
Update on Consultation Findings
An update on the consultation findings will be posted online in 2024, providing transparency and accountability to the consultation process. The government will use these findings to inform its decision-making process regarding copyright policy development in the context of generative AI.
Quotes from Government Officials
Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, emphasized the government’s commitment to stimulating innovation and leveraging the possibilities offered by AI. He highlighted the importance of a balanced copyright framework that facilitates a functional marketplace while protecting the rights of Canadians and promoting the safe and ethical development of AI.
Minister of Canadian Heritage, the Honourable Pascale St-Onge, acknowledged the questions raised by authors, musicians, and artists about protecting their work as generative AI evolves. She emphasized the government’s efforts to leverage AI for improving lives while ensuring the continued thriving of human creativity and innovation.
In conclusion, the Government of Canada is undertaking a comprehensive consultation on the implications of generative AI for copyright. The consultation process will involve gathering input from stakeholders and the public to address key questions related to the use of copyright-protected works in AI training, authorship and ownership rights of AI-generated content, and liability for infringement of existing copyright-protected works. The government recognizes the importance of a balanced copyright framework that protects the rights of Canadians while embracing the potential of AI technologies for creativity and innovation. By engaging with stakeholders and considering their perspectives, the government aims to develop responsive and effective copyright policies that align with the changing technological landscape.
