Using Intellectual Property to Regulate Artificial Intelligence

This Article examines the complex relationship between intellectual property (“IP”) rights and the regulation of artificial intelligence (“AI”). It advances two primary claims: First, while IP plays a role in guiding innovative behaviors in AI development, it does not serve as an effective mechanism for direct regulation of AI. This claim is based on the observation that IP rights, such as patents and copyrights, are primarily designed to incentivize innovation and protect creative works, while lacking the levers necessary to address the broader societal implications of AI technology. The narrow focus of IP rights on rewarding creators makes them ill-suited for managing the more complex ethical, safety, and societal challenges posed by AI systems.

Furthermore, it contends that relying on IP for AI regulation could lead to unintended consequences, such as stifling important research or exacerbating existing power imbalances in the tech industry.