Reflections from WIPO’s Generative AI Session — bridging creativity and copyright

The World Intellectual Property Organization (WIPO), one of the 15 specialised agencies of the United Nations (UN), is the global forum for intellectual property regulation, policy, services, and cooperation. Its core mandate includes administering 26 international treaties in the field of IP, including the Berne Convention and the so called “Internet Treaties” representing the backbone of the international legal framework in the field of copyright and related rights. WIPO also facilitates discussions and negotiations on policy-making and norm-setting at the multilateral level, such as new treaties.

Since 1998 the Standing Committee on Copyright and Related Rights (SCCR) is the body responsible to examine matters of substantive law and potential harmonization in the field of copyright and related rights at the global level. It can be considered as a sort of legislative assembly, where the international community (i.e. 193 member states and 350+ observers) considers any new policy and regulatory initiative in this field.

As part of its 45th session, the SCCR convened an information session focused on “Generative AI and Copyright on April 18, 2024 and aiming to raise awareness on the impact of the increased use of GenAI in the creative industries.

Alien was honoured to be invited to take part in this panel as a provider of generative AI solutions that support artists and creativity.

This public consultation, the replay of which is available online, is a real “time capsule” of the general challenges posed by generative AI to the creative industries since 2023. This blog post is intended to give you a quick overview of this session, as well as the outlook for the overall consultative process that WIPO uses.

Insights from WIPO’s Generative AI Session

Access the list of participants and agenda here.

The session commenced with a rousing welcome by Sylvie Forbin — or rather, her digital twin — Deputy Director General of WIPO’s Copyright and Creative Industries Sector, followed by an evocative live art performance by a Colombian artist collective, illustrating the seamless fusion of human creativity and artificial intelligence.

The first panel, moderated by Paolo Lanteri, explored the practical impact of AI on content creation across diverse sectors. Distinguished speakers such as Pablo Vierci, the author of “Society of the Snow,” renowned Gen AI artist Emi Kusano, and celebrated Brazilian singer Giulia Be, shared their experiences and the vast possibilities AI offers to them as practitioners. Still, the overall discussion unveiled a prevailing tension: while some artists view AI as a tool to augment their creative expression, others worry about its potential to disrupt traditional art forms and threaten job security. A unified call for greater transparency and regulation emerged, advocating for a balanced ecosystem within the creative industries.

The dialogue extended into the second panel, which focused on sustainable, equitable, and beneficial AI utilisation in content creation. Many have argued in favour of collaborations between AI developers and content creators to ensure the integrity of copyright in both the input and output of AI systems. The panellists collectively emphasised the intricate challenges involved, ranging from legal frameworks and harmonisation to technical solutions like data poisoning and opt-out options.

These discussions are instrumental to inform the negotiations process by providing technical and legal insights to decision-makers (i.e. respresentatives of member states) in charge of shaping the international regulatory framework.

In fact, the SCCR could decide to include the topic of GenAI vis-à-vis copyright as part of its ongoing norm-setting negotiation agenda.

The relevance of this initiative was underscored by many right-holders highlighting the potential for forum shopping and unfair practices stemming from varying copyright laws across jurisdictions. Notably, the AI Act, with its significant extraterritorial reach, is nearing finalisation. Between passion and fear, will the concrete accounts of the various practitioners we heard convince the copyright international community of the need to intervene?

As developers at Alias.studio, committed to supporting artists’ rights through AI solutions, participating in this session was both an honour and an opportunity to engage with current issues in legal tech. Our involvement highlights our dedication to crafting a tech-enhanced environment that supports artistic work without undermining the rights and livelihoods of creators.

Reflecting on the extensive debates at WIPO, it is evident that integrating AI into creative processes is a journey filled with both opportunities and challenges. I encourage you to view the session online to experience the dynamic exchange of ideas that will undoubtedly shape the future of copyright and creativity.