KUALA LUMPUR: In encouraging innovation, authorities on intellectual property have a difficult task.
How do you ensure an environment that protects users and intellectual property rights holders?
With the wide use of artificial intelligence (AI), the question often asked is: “Who owns the copyright of an intellectual property, and who is responsible for ensuring that the copyright is kept safe?”
These questions were discussed at a media forum titled “AI, Media and Intellectual Property: Who Owns, Who Is Responsible?” held on Tuesday, jointly organised by the Intellectual Property Corporation of Malaysia (MyIPO) and the Malaysian Press Institute (MPI).
Also present was MPI president Datuk Yong Soo Heong.
MyIPO director-general Yusnieza Syarmila Yusoff posed the question: “When AI is used to create something, who owns the resulting work?
“If someone takes my dataset, my system or my work and uses it to produce something new, does that person need my permission?
“We do not want legislation to become so restrictive that it prevents innovation.
“Even when we talk about AI-generated works, we still have to consider the extent of human intervention involved in creating the work,” she said.
She pointed out that civil litigation is costly and time-consuming, “which is why we need a more effective process for negotiating and resolving intellectual property disputes”.
“With AI, we cannot continue thinking about copyright in exactly the same way as before. The technology has changed, and our legal framework needs to catch up.
“The bigger question is, who decides how much content should be given to AI systems as training data, and what is considered fair?” she asked.
Domestic Trade and Consumer Affairs Ministry enforcement unit deputy director of operations Shamsul Nizam Khalil said that when copyright is infringed in cyberspace, processing a cybercrime case takes time.
“We need to conduct intelligence work and gather evidence to identify the parties involved.
“The burden of proof in these cases is not easy.
“Unlike physical evidence that we can see and handle, evidence in the digital world requires technology and intelligence to trace.
“The law needs to be continuously improved so that it keeps pace with technological developments and the changing times,” he said.
He said the key issue is identifying the copyright owner.
“Once ownership is established, enforcement action can be taken, whether through civil or criminal proceedings,” he said.
