Feds launch copyright framework consultation for AI and IoT

Canada wants to hear from stakeholders on how to modernize the Copyright Act to better include protections for new innovations and investments as new technologies develop. Friday, Heritage Canada and Innovation, Science and Economic Development (ISED) launched its consultation to update the copyright framework for artificial intelligence (AI) and the Internet of Things (IoT) to ensure the act “remains responsive to modern realities and that Canada's copyright framework continues to be effective in fostering innovation and investment,” according to a release. “To do so, Canada's copyright framework should support the changing needs of artists, innovators and consumers in a high-tech world.” The consultation, according to the government, will address issues like text and data mining (TDM), authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures. "The Copyright Act impacts many sectors of our economy. This consultation will allow us to hear the diverse perspectives of Canadians who want to make sure Canada's copyright framework supports innovation, investment and competition as digital technologies continue to play a bigger role in generating growth and creating jobs,” Innovation Minister François-Philippe Champagne said in the release. The consultation is building on the stakeholder engagement and committee reports from a 2019 review of the act, according to the release. In November 2018 Alphabet Inc.’s Google asked the House of Commons Industry Committee to include a “flexible copyright exemption” for AI and machine learning copying. Jason Kee, Google Canada’s public policy and government relations counsel, said that it was not clear under the current act if it’s permitted for machines to copy and learn from copyrighted material. According to the Copyright consultation paper, some of the issues arising from AI are the use of copyrighted works as part of text and data mining (TDM) to train and develop AI applications. AI is also used to create and distribute creative works, such as literature and music. "Canada's copyright framework must reflect the realities facing our creators and cultural workers in the high-tech world. We know that rapid advances in digital technology have a strong impact on how Canadians create and share cultural products that we all cherish,” Heritage Minister Steven Guilbeault said in the consultation release. The government is asking stakeholders what kind of TDM activities are stakeholders conducting, and who are the main actors in the TDM and AI value chains. “Some stakeholders testified before INDU that there is uncertainty as to how the act and existing exceptions apply to TDM activity. Businesses and researchers perceived existing exceptions in the Act as not well suited to the needs of TDM. Businesses explained that a part of the TDM activity they conduct is for commercial purposes and that they need to maintain any copies of the works or other subject matter they make for verification and validation purposes,” the report reads. The House industry committee, as a result, recommended amending “to make the list of purposes allowable under the fair dealing exception an illustrative list rather than an exhaustive one”. During the House industry committee hearings, according to the paper, MPs heard from stakeholders who expressed concern that the act lacked clarity on who is an author or owner of AI-generated content which “creates uncertainty for market participants and could negatively impact investment, innovation, and creativity in the field of AI in Canada” and suggested that works created “autonomously by AI, without exercise of skill and judgment on the part of a human” be exempt. As such, the consultation is asking stakeholders to clarify how individuals or organisations use AI in the production of works, and if AI work is the result of deliberate choices by humans and how that could change as AI becomes more autonomous. It also wants to hear about the challenges in determining copyright and authorship or ownership for AI works. The Internet of Things is providing its own set of issues, according to the paper: that of technological protection measures (TPMs) for rights holders “but also the barriers to consumers’ ability to repair certain software-enabled products equipped with TPMs that prevent access to the software.” As a result, the government is seeking further input and clarity from stakeholders on what kinds of repair activities require access to copyrighted works, what forms do the TPMs take, along with other information to help modernize the framework. “User stakeholder concerns included that TPMs restrict competition and ability to repair, impede businesses, undermine innovation and make interoperability difficult, undermine education and access to works, and impede the preservation mandate of libraries, archives and museums,” the consultation paper reads. The last time the Copyright Act was updated was in 2012 through the Copyright Modernization Act -- which included safe harbour exceptions for ISPs to ensure they are not held liable for infringing material transmitted, cached, or hosted on their networks. Recently, the government also launched a consultation document to solicit feedback on whether or not it should allow ISPs to unilaterally block certain websites from users in order to protect copyright holders. It also wrote it was considering an update to “safe harbour” provisions, compelling the remuneration of rights holders “through collective licensing of their copyright-protected content on certain platforms.” Participants have until Sep. 17, 2021, to share their input. -- Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

Feds launch copyright framework consultation for AI and IoT

News | July 16, 2021

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Feds launch copyright framework consultation for AI and IoT

News | July 16, 2021

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