Copyright, Trademark, and Artificial Intelligence

Back in August 2019, the USPTO published a notice requesting public input on the interplay between patent law and artificial intelligence (AI). The PTO has now extended that deadline for comments until January 10, 2020. For example, should it be sufficient if a person (i) designed the AI algorithm or process that created the work; (ii) contributed to the design of the algorithm or process; (iii) chose data used by the algorithm for training or otherwise; (iv) caused the AI algorithm or process to be used to yield the work; or (v) engaged in some specific combination of the foregoing Start Printed Page 58142activities? Should authors be recognized for this type of use of their works? For example: Should a company who trains the artificial intelligence process that creates the work be able to be an owner?