On October 12, 2023, the Canadian government announced a consultation on the implications of generative artificial intelligence for copyright. The consultation paper can be found here. Responses are due by December 4, 2023.
The consultation follows an earlier consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things. The latest consultation seeks to gather Canadian perspectives on generative AI tools. Generally, the consultation focuses on:
• text and data mining, and whether any clarification is needed for how the copyright framework applies to copyright-protected works and other subject matter being used in training AI systems;
• authorship and ownership rights related to AI-generated and AI-assisted works; and
• liability, especially when AI-generated content could infringe existing copyright-protected works.
The consultation aims to explore the above issues and thereafter inform policy decisions with a view to support innovation and investment in AI and other emerging technologies in Canada. At the same time, the goal is to support Canada’s creative industries and preserve the incentive to create and invest in the creative economy.
These copyright issues are being considered parallel to other efforts that reflect the Canadian government’s efforts to address the changing technological and legal landscape caused by the rapid advancement of artificial intelligence (AI) technologies. Such initiatives include the Artificial Intelligence and Data Act, part of Bill C-27, and the more recent introduction of Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems.
Canadians have until December 4, 2023, to submit feedback online with an update on the consultation findings to be posted in 2024.
Marks & Clerk would be pleased to assist with advice related to the consultation, and regulation of AI in Canada generally.