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AI’s Copyright Conundrum: Unpacking Thaler’s DABUS Case & IP Rights 

 September 8, 2023

By  Joe Habscheid

Summary: Our story focuses on Stephen Thaler’s journey, a noteworthy inventor and AI researcher, who emphasizes that his AI, known as DABUS, is capable of independent thought. This journey elaborates on his rather complex copyright cases that have critical implications for our understanding of intellectual property rights in the AI era. How do we handle copyrights or patents when the creator isn’t human, but an artificial intelligence? Where does AI stand in the legal landscape of creativity rights? Thaler and his camp argue for the protection of AI-generated inventions to foster AI for social good. Simultaneously, we must wrestle with the question of whether AI can meet the criteria for originality and conceptualization necessary for copyright protection.


AI and the Challenge of Copyright Law

The crux of Stephen Thaler’s case lies in contesting the traditional boundaries of copyright and patent laws. Designed primarily to safeguard human inventiveness, these laws never anticipated a scenario where a machine, an AI, might become the creator. As the rise in generative AI brings forth this situation, it pushes our legal systems towards uncharted territories.

The Case of DABUS: A Sentient Creator?

Thaler’s AI, DABUS, is at the heart of this discourse. Does its algorithmic creation process qualify as independent conceptualization? What does it mean for an AI to be a creator or inventor? These questions reverberate beyond the courtrooms and into our broader understandings of technology, creativity, and human uniqueness.

Variable Perspectives: Bridging the Divide

From the legal sphere to AI development, this evocative narrative draws differing views. Ryan Abbott, Thaler’s leading supporter, posits that AI protection will bolster AI utilization for societal benefits. Yet, skepticism prevails among critics concerning AI’s ability to conceptualize independently — the cornerstone of copyright protection. The quest for balance, therefore, remains paramount as we navigate these debates.

Implications: Awaiting the UK Supreme Court’s Decision

Shaping the future of patent and copyright regulations, the imminent UK Supreme Court ruling on the DABUS case carries significant weight. Its decision could write the rulebook of AI’s role and influence in creative processes and legal rights frameworks.


As we explore the contours of AI’s potential, Thaler’s story familiarizes us with the legal intricacies, intellectual quandaries, societal implications, and moral dilemmas inherent in this discourse. In the face of the swiftly emerging era of AI creativity, it’s clear we must consider and grapple with these questions, rather than sidestepping them in the illusion of fleeting convenience.

#AI #IntellectualProperty #DABUS #CopyrightLaw #PatentLaw

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Featured Image courtesy of Unsplash and Jukan Tateisi (bJhT_8nbUA0)

Joe Habscheid


Joe Habscheid is the founder of midmichiganai.com. A trilingual speaker fluent in Luxemburgese, German, and English, he grew up in Germany near Luxembourg. After obtaining a Master's in Physics in Germany, he moved to the U.S. and built a successful electronics manufacturing office. With an MBA and over 20 years of expertise transforming several small businesses into multi-seven-figure successes, Joe believes in using time wisely. His approach to consulting helps clients increase revenue and execute growth strategies. Joe's writings offer valuable insights into AI, marketing, politics, and general interests.

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