How does using artificial intelligence in creating a work affect copyright protection under Canadian law?

The Federal Court will now have to decide this question after the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (“CIPPIC”) commenced a challenge to a Canadian copyright registration for an image called “Suryast”. The registration lists both the RAGHAV Artificial Intelligence Painting App and Mr. Ankit Sahni as co-authors. CIPPIC is arguing that the work lacks originality and that an AI program cannot be an “author” under Canadian law.

This challenge references the United States Copyright Office’s 2023 decision regarding an attempt in the United States to register copyright in the same image. There, the Copyright Office ruled that an AI program could not be an author. However, it is unclear how the Federal Court will deal with this question (applying Canadian law).

Issues surrounding AI authorship, such ownership of AI-generated works and an AI’s ability to assign or waive copyright, highlight the need for IP law to adapt to questions posed by novel technology.

A complete copy of the Notice of Application is available here.