By- AASHIKA.V, L.L.M Cyberspace-Law and Justice, The Tamilnadu Dr. Ambedkar Law University
Abstract:
The paper focusses on the segment of protecting the neighbouring rights of the performers featuring in the cinematographic work generated by the artificial intelligence. Though the area to recognise AI as a legal person and protect them under the performer’s right is ambiguous, the performer whose identity has been used by the to generate a fictional work can be given credit and protect them of their rights by proper legislations since the purpose of the intellectual property rights is to protect the human being with the intellect that achieves a creative work. When a right is granted, the need to undertake the liability is automatically understood. Even though an AI is given the status of a legal person, it can’t be equated with a human being, as it can’t enjoy the rights or undertake liability. Of course, we can make the owner or user of the AI liable under certain circumstances. The paper revolves around the question whether the performer’s right can be granted to the real-life performer whose face is used by the AI made performance synthetisation technology in the adaptation of the cinematographic film whose script is generated by the AI consciousness.
Key: performer’s rights, AI related copyrights for performers, cinematographic film, performance synthetisation technology.
INTRODUCTION:
A cinematographic film is incomplete without its actors. The contribution made by the actors though is well acclaimed still, there is lack of clarity with regards to performer’s rights. “All the world's a stage, and all the men and women are merely players...” by William Shakespeare was recited years ago, but little did we know that the literal meaning would have implications on the copyrightability in cyberspace arena. With the advancement of the technology, it must be noted that AI has developed in creating the characters that includes the members from the acting fraternity. Considering a situation, few years down the lane, we are not far from witnessing films that are generated by AI on its own algorithms with the performance synthetisation technique that involves real performer’s face.
RELEVANCE OF ARTIFICIAL INTELLIGENCE AND AI-MADE PERFORMANCE SYNTHETISATION:
Artificial intelligence (AI) is the development of the branch of computer science used to perform the tasks and activities that are done by human beings. Artificial intelligence uses the set of data that is being provided to make the predictions of the desired task. The data is studied by the AI and it does a deep learning with regards to the information that is being analysed and then the AI generates a work. That being said, AI is a creation of the human being to do activities that can discharge the cognitive tasks of human beings that are programmed through complex codes in the computer system. John McCarthy in 1956, propounded the term Artificial intelligence. Ray Kurzweil defined AI in 1990 as “the science of making computers do things that require intelligence when done by humans.”
Performance of the tasks in the computer can be understood in 3 stages - Machine learning, Machine Intelligent and Machine Consciousness. When the computer system is programmed in a way where only a single task can be performed at a time with the human intervention. An example of this would be the normal calculations that are performed in an excel sheet. Machine intelligent is when the computer system is programmed to act equivalent to that of a human brain i.e., AI assisted work where human intervention is needed to discharge a task. Machine consciousness is when the computer system is programmed to undertake activities that are beyond the capabilities of a normal human brain. Such works are the AI generated works which produces the work that doesn’t require human interference. The computer is a non-biological machine that is not aware of its existence. Our concern is with the creation of the cinematographic work that are generated through AI consciousness and the performers include the identity of the human beings who are well-known performers.
“Performance synthetisation (PS) is the process of creating a synthetic performance. This is often achieved by manipulating the likeness of a performance or a performer. Other forms of performance synthetisation rely on data from live and recorded performances by humans without attempting produce faithful imitations of their likeness or interpretation.” Performance synthetisation is used by AI for portraying the characters of the cinematographic film. The benefit of using the AI made performance synthetisation is that it is easily accessible since it is available online as open source, flexible in the data collection that can produce tailor made output that is totally different and unique from the input data. The important feature is that the AI made PS doesn’t just compile the data but it synthesises the data so as to produce a new output that is an expression of the idea which possess creativity.
Performance Synthesisation can raise a varied number of legal questions on the privacy, data protection and the contract laws but the legal issue concerned is limited to the extent of the performance right in the Indian Copyright Act.
AI works on the concept of neural networks that process the information similar to that of a human brain. AI consciousness can be used in creating works that are unique and imaginative. Since AI consciousness is far advanced than imagined, the programmer of the AI can create an algorithm that facilitates deep learning, which in turn would analyse the data and apply it in a field other than the area which the AI has trained upon. This is called the Artificial General Intelligence (AGI) wherein the machine would observe and learn and apply, just like a human brain would perceive and apply his notions.
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