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Licensing AI Content

By Jonathan Bick
May 01, 2023

As artificial intelligence increasingly penetrates the entertainment industry — such as with lyric-writing capabilities — Internet licensing interest expands. But the licensing of Internet AI intellectual property is stymied because of legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the Internet, including the proper identification of the parties for the licensing agreement. However, the primary issue associated with securing a licensor's consent for Internet AI intellectual property is that normally the licensor is a computer program, hence not a legal person.

Legal, business and technological solutions to this difficulty are available. These solutions involve modifying the AI's form or output. AI, also known as machine learning, is that sequence of instructions telling AI software to transform input data into a desired output. AI differs from traditional computer-software algorithms due to a feature that allows AI computer software to re-write its own code independently or code previously defined by the programmer. Unlike traditional computer-software algorithms that limit the code re-write to criteria and biases previously coded by the programmer, AI software code re-write is experience driven and could be free of programmer criteria and biases.

Criteria-and-biases-programmer-free features of AI are the source of licensing difficulties. A license is a grant of consent of one party to another party as an element of an agreement between those parties. A licensor is a legal "person" capable of granting rights to a licensee.

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