Navigating the Intersection of AI and Art: Copyright Challenges and Commercial Implications

The dawn of a new era in artificial intelligence ("AI") artwork is upon us. There is no doubt that AI technology has experienced a significant leap in recent years, with its growing integration into various sectors, including the art world and graphic design. Notably, there have been instances where AI-generated images have claimed top honors in art competitions, sparking debate about fairness to artists who rely on their human creativity. 

AI's rising popularity in various sectors stems from its utility as a time-saving tool. Tasks that once demanded two to three days can now be accomplished in seconds, thanks to technologies that sift through vast datasets to generate new content. However, to take just one example, concerns have arisen among artists regarding the sourcing of data for AI-generated works, as these creations often lack entirely original foundations. While such practices may not directly breach copyright laws, ethical questions loom over the acquisition of data without the consent of copyright holders. 

In this Update, we take a look at how AI-generated content interacts with intellectual property law in Thailand, as well as the upcoming legislative landscape relating to AI.

Rajah & Tann Asia Intellectual Property Newsletter 2023 - 2024

The field of intellectual property ("IP") has been a hive of activity in the past year. With blockchain and artificial intelligence quickly becoming the buzzwords of the new economy, much attention has been placed on how IP frameworks will evolve and adapt to fit the changing needs of the business world and the innovation economy.

The speed of IP development shows no sign of slowing down, and businesses and IP rights holders would be well advised to keep ahead not just of ongoing developments, but of the trends that may be expected to take shape in the near future. In this annual review, we take a look back at the major legal developments relating to the area of IP in the past year in Southeast Asia. We also look ahead to the trends and expected developments of the year ahead across the jurisdictions in our regional network.