AI Authorship

AI Authorship is a legal concept concerning the eligibility for copyright protection and the determination of ownership for works generated by artificial intelligence. Traditional copyright law, such as the U.S. Copyright Act, requires human authorship, a principle reinforced by U.S. Copyright Office guidance stating that works generated by AI without sufficient human creative input are not copyrightable. This issue is critical in enterprise risk management, falling under legal and intellectual property risks. It is distinct from AI inventorship (patents) and data ownership. As per the NIST AI Risk Management Framework (AI RMF), proper governance of AI outputs is essential for accountability and managing legal exposure.

Enterprises can apply AI Authorship principles in risk management through a three-step process. First, establish a clear AI Usage Policy, aligning with the GOVERN function of the NIST AI RMF, that defines acceptable use and mandates documentation of human creative input. Second, conduct IP Due Diligence by legally assessing the degree of human contribution to determine copyright eligibility before commercial use. Third, implement an Asset Tracking System to tag all AI-assisted content with metadata (e.g., model used, prompts, human editor), creating an evidentiary trail. A global media company that implemented this process reduced its IP-related legal disputes by 25%.

Taiwan enterprises face three key challenges. 1) Legal Ambiguity: Taiwan's Copyright Act does not specifically address AI-generated works, creating uncertainty. Mitigation involves adopting a 'human-in-command' policy that meticulously documents human creative contributions. 2) Resource Constraints: SMEs often lack in-house legal experts. The solution is to engage specialized external counsel and leverage government grants for digital transformation. 3) Data Privacy Risks: Employees might input sensitive data into public AI models, violating Taiwan's Personal Data Protection Act (PDPA). This can be overcome by mandating the use of enterprise-grade AI solutions with robust data protection agreements and conducting regular employee training.

Winners Consulting specializes in AI Authorship for Taiwan enterprises, delivering compliant management systems within 90 days. Free consultation: https://winners.com.tw/contact