Classic 'Star Trek: The Next Generation' Data Episode Invoked By Dem Lawmaker Discussing AI

5 months ago

At a House Judiciary Committee hearing prior to the Congressional recess, Rep. Jerry Nadler (D-NY) discussed AI's impact on patent protections.

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Transcript

00:00 I'd like to begin by thanking Chairman Issan and Ranking Member Johnson for holding this

00:08 bipartisan hearing to examine the scope of intellectual property protection for artificial

00:13 intelligence-generated and AI-assisted works.

00:18 Generative AI may be in its nascency, but many models are already capable of creating

00:22 works that, if created by a human, would be eligible for copyright protection.

00:28 Inventors, similarly, are using AI to aid in their discoveries.

00:32 While AI that is capable of creating an invention eligible for patent protection under Section

00:38 101 of the Patent Act may, debatably, not exist just yet, the involvement of generative

00:44 AI in innovative processes still raises the question of how much AI involvement takes

00:50 away the human element of discovery.

00:53 The question presented at this hearing is narrow at first glance—simply, how much

00:58 human needs to be involved for a creation to warrant intellectual property protection?

01:05 When we discuss generative AI, it is often in terms of broader controversies, including

01:09 ingestion, practical application, and the replication of human works and styles.

01:15 But discussions like the ones this subcommittee is embarking on today can launch us in entirely

01:21 unique, unexplored directions.

01:24 How much AI is too much to render something a human creation?

01:28 Whether some uses of generative AI are more acceptable as tools than others, and how we

01:32 even could tell a final product was created by a machine rather than by a person, are

01:38 all valid questions that ensue from this narrow starting point.

01:42 While the technology may be new, the philosophical questions presented here today are not.

01:48 In 1637, Rene Descartes debuted the first principles of philosophy, cogito ergo sum,

01:59 I think, therefore I am.

02:02 Over 300 years later, in 1950, mathematician Alan Turing established what became known

02:08 as the Turing Test to determine whether or not a computer is capable of thinking like

02:13 a human being.

02:15 The ability of AI to think and create has been examined repeatedly throughout science

02:19 fiction.

02:20 Star Trek, The Next Generation, even examined the essential question of the rights of a

02:25 highly advanced AI character called Data in its season two episode, Measure of a Man.

02:32 While it did not, unfortunately, delve into questions of IP protection for Data's creative

02:37 works, it is emblematic of a centuries-long interest in the possibility of artistry, intelligence,

02:42 and innovation by non-human entities.

02:45 Many of the philosophical questions presented by AI and science fiction are far enough in

02:50 the future that they are not concerns before the Judiciary Committee.

02:55 But the practical questions of whether and how to extend intellectual property protections

02:59 to AI-assisted works is very much a question for the here and now.

03:04 Both the Copyright Office and the Patent and Trademark Office have begun addressing the

03:08 question through draft guidance to create basic rules of the road for artists and creators

03:13 seeking to protect works developed with the use of generative AI.

03:18 Just over a year ago, the Copyright Office issued the first guidance governing intellectual

03:23 property claims for works developed with the assistance of AI.

03:27 The Office informed artists that in these cases, copyright protection will only be available

03:32 for the part of a final product created by a human, and that it is that the creators

03:37 identify which parts of each work of authorship were developed using AI.

03:43 President Biden, in last fall's Executive Order on AI, directed the USPTO to develop

03:49 guidance as well for governing the use of AI in claimed inventions before the Patent

03:54 Office.

03:55 Just two months ago, the PTO issued initial "Inventorship Guidance and Examples for AI-Assisted

04:02 Inventions."

04:04 Like the Copyright Office, the question under the PTO guidelines is not whether or not AI

04:10 was used in the creation or invention, but how much human innovation and involvement

04:14 there was in the creation of the invention.

04:17 I applaud the Copyright and Patent Offices for taking much-needed first steps to clarify

04:23 what should and should not receive intellectual property protections as generative AI becomes

04:27 increasingly and indelibly incorporated in our society and how we create.

04:33 Patents and copyrights are two very different types of intellectual property, and it is

04:37 important that we acknowledge this reality as we continue conversations about how AI

04:43 can and should be used in their development.

04:45 There is no such thing as a one-size-fits-all approach to innovation, and we would be remiss

04:50 if we failed to recognize this.

04:53 But many questions remain unexplored in both the patent and copyright realms, and I am

04:59 looking forward to hearing from our witnesses about what they think is missing from the

05:02 guidance and from these conversations overall.

05:06 For example, the guidance at both agencies leaves open the question of how to maintain

05:11 candor and honesty in applications for IP protection, and I am particularly looking

05:15 forward to hearing from our witnesses regarding how we can enforce the AI rules we create.

05:21 AI undoubtedly will have enormous impact on our IP systems, and it is imperative that

05:27 we as a Judiciary Committee consider how best to ensure that our innovation protections

05:33 remain strong even as technologies change.

05:37 I look forward to hearing from our witnesses, and I yield back the balance of my time.

Classic 'Star Trek: The Next Generation' Data Episode Invoked By Dem Lawmaker Discussing AI

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