The use of AI in the cultural sector
Artificial intelligence opens up a world of possibilities, including within the cultural sector. The heritage sector is already making extensive use of AI, for example to make handwritten letters searchable, for facial recognition in audiovisual material to make it easier to find specific footage, and to establish new connections between European archives. But AI can, of course, also be used for many purposes in the cultural sector:
- Adding value for audiences or organizations: AI can help make cultural offerings more accessible to the public. This can be achieved, for example, through subtitles or automatic translations. Organizations can use AI to accurately estimate visitor numbers and adjust their staffing levels accordingly, which can lead to significant cost savings.
- Automating and streamlining work processes: With artificial intelligence, an organization can automate many work processes, leading to cost savings and greater efficiency. Examples include automatically translating flyers, editing videos and photos, and answering customer questions via a chatbot. Many cultural institutions are understaffed and need to watch their costs, so this would be a great solution!
- Introducing new products: Artificial intelligence is a valuable tool for creating new products. Creators can use it, for example, as inspiration when composing new music, digitally restoring a painting, or identifying new connections within their own collection to generate fresh content.
- Enhancing the audience experience: The cultural sector can use AI to better serve its audiences, leading to a more engaging experience. Examples include personalized digital interactive tours and guided tours using apps, as well as personalized offers on cultural institutions’ platforms.
What negative impact does AI have on cultural development?
We’ve now highlighted many of the benefits that artificial intelligence brings to the cultural sector, but there are, of course, a number of challenges as well. For instance, the quality of AI output is sometimes still questionable, especially since we often don’t know exactly where the information comes from and whether it’s accurate. In addition, creators need to be mindful of copyright, even if you’re using an AI sample solely as inspiration. After all, AI can extract information from a work that is protected by copyright. And the biggest challenge we currently face with the use of artificial intelligence is that it often operates based on biases.
AI and Bias
Ultimately, its use can therefore reinforce certain biases—an effect we obviously do not want from AI, as it often hinders cultural development. For example, many generative AI tools have an American and European bias. This means that the content generated by the AI is often not representative of people from around the world. The way AI is trained determines the results it produces. If only information containing biases about a certain race or gender is used, there is a high chance that the AI will produce discriminatory results. This is one of the reasons companies are still hesitant to use AI in their recruitment process. Fortunately, steps are already being taken to address this challenge, such as training AI with more diverse datasets. So in the future, we can make artificial intelligence bias-free too!
New challenges in the field of intellectual property posed by the advent of AI
There are many areas where new challenges have arisen due to the advent of artificial intelligence:
Content creation
We are increasingly using AI to generate creative content, such as images, text, or videos. The question that is now increasingly being raised is who holds the copyright to content created by AI. Is it the creator of the AI program, the person who gives the AI instructions, or the AI itself?
Trademark Rights
In principle, AI can be used to create counterfeit products of certain high-end brands. Brands must therefore be very vigilant to ensure that no imitation products of their brand are on the market. After all, this could damage their brand’s image, for example if the quality is poor and people assume the products are genuine.
Copyright
AI is evolving at an ever-increasing pace, meaning it will likely soon be capable of copying copyrighted works. This means that AI could potentially infringe on the copyrights of artists and authors. It also makes it more difficult to determine who owns a particular work. This could lead to intellectual property issues in many industries, particularly in creative professions where AI is used.
Patent Law
If you invent something, you can file a patent for it. In principle, this allows you to claim the rights to something you’ve come up with and protect your invention from people who want to “steal” the idea. A large number of AI-related patents have already been filed. However, this isn’t as simple as it might seem. Legal disputes in the field of patent law related to AI arise quickly. This is especially true when it comes to determining who actually made the invention and whether an invention is truly new and innovative enough to warrant filing a new patent.
Voice cloning
You’ve probably seen it before: a video in which a song is sung by a particular actor or even a fictional character. This is created by cloning the voice using AI. It’s great fun when used for entertainment, but it can also cause a lot of harm. For example, voice cloning is frequently used for fraud. Additionally, voice cloning can constitute a copyright infringement, depending on how it is used.
Data protection
AI systems require data to gather information and learn. It has already been shown that this can result in a violation of users’ privacy. When you provide personal information during a conversation with an AI bot, the AI uses that information to learn. Rules regarding this have now been incorporated into the GDPR.
The solution: New legislation
The only solution to these new challenges is to implement new legislation governing the use of AI. It is important that we establish ethical guidelines to ensure that AI is used appropriately in the field of intellectual property. The rights of both consumers and creators must be protected in this regard. It is clear that we are still very much in search of a proper balance between innovating with AI and protecting privacy and rights. AI can be used for many good purposes, but unfortunately also for many bad ones. Consider, for example, identity fraud and defamation. Our legislation must include clear rules and guidelines to discourage the use of AI for unethical purposes.
If you create something and post it online, anyone can see it—and, in theory, copy it. People can apply for patents on inventions, but things like a blog or a song you’ve written yourself are a bit different. That’s where intellectual property comes in: to protect the fruits of the mind. In this blog, we’ll tell you more about what intellectual property is and how it works!
What is intellectual property?
Intellectual property rights protect creations of the mind. That might sound a bit vague, but it basically means that you own the rights to something you’ve created. This can be anything from a story you’ve written to a specific design for a website or app. Unlike a patent or ordinary property rights, intellectual property rights protect intangible assets. If we take a car as an example, intellectual property rights do not protect the car itself, but rather the ideas behind it—such as the car’s design or specific new technologies incorporated into it. Intellectual property rights can even apply to a car’s model name.
What types of intellectual property rights are there?
Intellectual property consists of a number of rights that are governed by various laws and international treaties. Each type has its own requirements for protection, a different scope of protection, and a different term of protection. Below, we will explain the six most common forms of intellectual property: copyright, database rights, know-how, patent rights, trade name rights, and trademark rights.
Copyright
Copyright belongs to the creator of a work; the law refers to this as “a work of literature, science, or art.” In principle, you don’t have to do anything to obtain copyright; you don’t need to apply for the right or anything of the sort. You simply need to be able to demonstrate that a work was created or written by you. For example, copyright in a book arises when it is written, and copyright in a musical composition arises when it is composed. Software is also subject to copyright, of course, and that arises when the code for the software is written. For software, it also does not need to be finished to obtain copyright; even the alpha version is protected by copyright.
Patent law
You can obtain a patent if you invent something that does not yet exist or, at the very least, has not yet been made publicly known anywhere in the world. In addition, it must be the result of an inventive step—in other words, it must be inventive—and it must be capable of being applied, meaning it must actually work. You can apply for a patent at the Patent Office. Generally speaking, you cannot obtain a patent for software.
Database Law
Database rights are also known as extraction rights and are intended for the producer of a database. A database refers to collections that demonstrate a substantial investment. Examples include a collection of keywords in a dictionary or names in a directory on a website. There are no formalities required to obtain this right, so it is comparable to copyright. You don’t have to apply for it like a patent!
Trademark Law
Trademark law applies to signs used to distinguish a company’s products or services. In other words, signs that identify a company, such as a logo, a name, or a word mark. To obtain this right, it is important that the logo or word mark has sufficient distinctiveness. In some cases, trademark rights can also be obtained based on a color, a musical tune, or even a scent. You must apply for trademark rights. You do this through the Benelux Office for Intellectual Property.
Trade Name Law
Trade name law is intended to protect the name under which a business operates. A trade name may be registered with the Chamber of Commerce, but this is not required to qualify for trade name protection. The only requirement for this right is that the trade name be used consistently by a company—not just verbally, but also on stationery, on the website, as a domain name, and so on. In addition, the trade name must also be known to a wider public.
Expertise
The final type of right is know-how. This is sometimes still a somewhat vague concept, but know-how encompasses intangible works that are not, or only minimally, protected by intellectual property rights, yet still hold value. Examples include a mathematical formula, a marketing concept, or the image rights of a well-known person. In practice, we often see people protecting know-how through Non-Disclosure Agreements. A fine is therefore often imposed for breaching these agreements.
When is it essential to have your intellectual property in order?
It’s generally always a good idea to make sure you have your intellectual property rights for your business, product, or service in order, but there are a few situations where this is especially important:
- You want to transfer or sell your intellectual property rights
- You want to sell your business and therefore transfer shares
- You are currently involved in disputes with competitors or other market players regarding IP infringement
- You want to obtain financing or secure a lien
- You want to sign contracts with customers and distributors