Generative AI and

Creativity

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 1

What is ChatGPT/GPT-4?
Generative pre-trained Transformer (GPT)

An auto-generative chat that extracts data from textbooks, newspapers, websites and different articles.
Then it gathers this amount of data and processes it using Natural Language Processing (NLP), to make it
understandable and as similar as possible to human language.

Thanks to NLP, computer programs can summarize large amounts of data or respond to spoken
commands quickly. (European Commission https://intellectual-property-helpdesk.ec.europa.eu/news-
events/news/intellectual-property-chatgpt-2023-02-20_en)

Artificial intelligence (AI) is based on algorithms and statistical models that can analyze large amounts of
data and recognize patterns.

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 2

Large Language Model (LLM) GPT4 as Artificial General
Intelligence (AGI)?

Neural Network Models (NNM) are
trained on big amounts of data from the
internet, “using at its core a self-
supervised objective of predicting the
next word in a partial sentence”
(Bubeck et al, p. 4)
Definition of intelligence (1994): “a very Problem: Does definition of AGI need
general mental capability that, among the aspect of desire, wishing or feeling?
other things, involves the ability to
reason, plan, solve problems, think One possible approach: We might use different
definitions depending on the basic question (e.g. AI
abstractly, comprehend complex ideas, as security problem, AI as social problem, AI as
learn quickly and learn from constitutional problem, AI as ethic problem?
experience.” (Linda S Gottfredson.
Mainstream science on intelligence: An
editorial with 52 signatories, history,
and bibliography, 1997)

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 3

Is GPT just a more advanced
‘Google’?

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 4

ChatGPT and
Hallucination
 LIE!

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 6

The Relevant Work
will be the Design of
the Questions
(Prompting) and the
Control of the Result

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 7

 Does the UU ITE mention 'Cyber Notary'?

Yes, the UU ITE in Indonesia recognizes the concept of a "cyber notary" or "notaris elektronik" in
Indonesian. The law acknowledges that electronic documents and transactions require verification
and authentication, just like their physical counterparts, and that a cyber notary can provide these
services.
Under the UU ITE, cyber notaries are authorized to perform various functions, such as creating
electronic documents, verifying the authenticity of electronic signatures, and certifying the integrity
of electronic transactions. They are also responsible for maintaining the confidentiality and security of
electronic documents and transactions.
The UU ITE also outlines the requirements for becoming a cyber notary in Indonesia, which includes
obtaining a license from the Ministry of Communication and Informatics and meeting certain
qualifications and criteria.
Overall, the UU ITE plays an important role in regulating the use of cyber notaries in Indonesia and
promoting the use of electronic transactions while ensuring the legality and authenticity of electronic
documents and transactions.

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 8

 How can Generative AI be used in
Writing?
Writing general
introductions or overviews Summarizing texts (PDF,
(the “boring parts of the Webpages etc) – writing Proofreading texts
papers, which are written by abstracts
everybody in every paper)

Brainstorming/Developing
Modifying formulations Translating
Concepts/Structuring Texts

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 9

Can AI products be
protected by
copyright? § 2 (2) UrhG: Works within the meaning of this law are only personal intellectual creations.

Copyright is the result of the personality rights of the author, see Moral Rights (§§ 12-14 UrhG)
Aspects and term of protection of the UrhR (§ 64) same situation in Indonesian Copyright Law

In droit d ́auteur systems (e.g. German and French copyright law) and US copyright law, there is
therefore only copyright protection for human creations. AI products do not have an 'author' with
personality rights and are not a 'work' (cf. question of the personification of AI)

In Great Britain, Ireland and New Zealand ‘computer generated works‘ are protected (discussion
about EU legal conformity: copyright or ancillary copyright)

Before, most of the corresponding products could be

attributed to human creators (AI-assisted works) – question of
the degree of proximity to a person
Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 10
Autor’s own intellectual
creation (EU-Law) or
result of labour skill or
effort (CDPA)?

11
EuGH GRUR 2012, 166 –
Painer/Standard
• Paragraph 88 et seq.: "the author's own intellectual creation, if
it expresses his personality". ...'if, in producing the work, the
author was able to express his creative abilities by making
creative choices freely.’
• Paragraph 92: 'The author of a portrait photograph can thus
give his 'personal touch' to the work created by means of these
different choices.'

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 12

Großbritannien: Copyright, Designs and
Patents Act 1988

• s. 9 CDPA 1988: Authorship of work.

(3) In the case of a literary, dramatic, musical or artistic work which is computer-
generated, the author shall be taken to be the person by whom the
arrangements necessary for the creation of the work are undertaken.

• s. 178 CDPA 1988: Minor definitions.

“computer-generated”, in relation to a work, means that the work is generated

by computer in circumstances such that there is no human author of the work;

• No moral rights, s. 79 (2) c), 81 (2) CDPA 1988.

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 13

 Attribution of AI-assisted products to human originators

AI is tool of the human

creator • Copyright

The design decision is shaped

by AI or autonomous • No copyright

Design decisions by humans

and AI oDepending on the degree of
attributability to humans

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 14

Alternative Concept: Work
made for Hire

• Compare: Concepts for the assignment

of responsibility in the human-AI
relationship
• AI as ‘employee’ or ‘apprendice’ of the
user? (organizational responsibility)

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 15

AI as
Rightsholder?

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 16

Personification of AI: cf. animals as authors?

s. US Court of Appeals for the 9th Circuit Nr 16-15469 (2018) -

Naruto vs. Slater:

1. The panel held that the complaint included facts sufficient

to establish Article III standing because it alleged that the
monkey was the author and owner of the photographs and
had suffered concrete and particularized economic harms.
The panel concluded that the monkey’s Article III standing
was not dependent on the sufficiency of People for the
Ethical Treatment of Animals, Inc., as a guardian or “next
friend.”
2. The panel held that the monkey lacked statutory standing
because the Copyright Act does not expressly authorize
animals to file copyright infringement suits.

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 17

Copyright
Infringements Using
Generative AI?
Is the output
generated by the AI
truly 'original' since the
output is generated by
the AI's deep learning
derived from pre-
existing data?

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 19

 Protection of the intellectual property of cultural heritage?

Inspiration or
Exploitation?

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 21

Text and Data Mining in German
Copyright Law
§ 44b
Text and Data Mining
(1) Text and data mining is the automated analysis of single or multiple digital or digitized works in
order to obtain information in particular about patterns, trends and correlations.
(2) Reproduction of legally accessible works for text and data mining purposes shall be
permitted. The copies shall be deleted when they are no longer required for text and data mining.
(3) Uses pursuant to subsection (2) sentence 1 shall only be permitted if the rightholder has not
reserved them. 2A reservation of use for works accessible online is only effective if it is made in
machine-readable form.

Prof. Dr. Stefan Koos - Bundeswehr University Munich 22

 The Impact of AI ?

Trust Bias

Shift from Relevance of

Creativity the Work to Relevance of
Idea

Prof. Dr. Stefan Koos - University of the Bundeswehr Munich 23

Final Statements and Questions
Plagiarism is anachronistic!
Everyone CAN write!
Everyone WILL write!
WHY should I write?
IP Rights are focused on work – gap in protection of ideas
AI is disruptive!