Lewis Silkin's Adrian Aronsson-Storrier and Oliver Fairhurst have contributed to the prominent IPKat blog. Their post adds to the ongoing debate over the copyright protection in AI-generated works, and whether contract law might provide an alternative.
In summary, there are interesting arguments that suggest that following the Court of Appeal decision in THJ Systems v Sheridan, the requirement for originality in the CDPA may mean that many AI outputs are unprotected under UK copyright law. In some circumstances however contractual control over these outputs can partially fill the void left in the potential absence of copyright protection, and in relation to protecting markets for synthetic data the owners of existing AI models may even prefer that their outputs are not protected by copyright.
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