Intellectual Property Law And Social Media Assignment Sample

Exploring Intellectual Property Law in Social Media: Significance, Legal Frameworks & Implications for Creators, Businesses & Digital Platforms

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Introduction Of Intellectual Property Law And Social Media Assignment

Intellectual property defines to the creation of mind like invention, artistic work, literacy, design, name image or symbol that is being used for a commercial purpose. Intellectual property is being protected by laws like copyright, patents, and trademarks that enable people to earn financial benefits or reorganization from their creations. The right balance between innovation and public interest intellectual property describes to make an environment where innovation and creativity can flourish. The aim of this report is to discuss intellectual property law and the social media with the current technological progress. The study discusses the need for copyright that is to be assigned to the AI application. The discussion is done on the intellectual property in term of UK and EU law. For the development of the working process, the usage of AI Technologies plays important substances in copyright law. Basically, the right of ownership of the copyright in computer-produced works was not in question because the schedule was simply a tool that supported the innovative process.

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“Intellectual Property Rights”

“World Intellectual Property Organisation (WIPO) Convention (1967)”

“Art 2 Para vii”i describe that "Intellectual property rights" are rights given that are given to any person for the generation of minds that offers the right to use their creation for certain period of time[1]. Intellectual property is divided into two parts; rights related to copyright are the rights that are given to the author of any artistic work or any literacy-related person. In the UK, copyright is visited mainly as an economic tool that encourages and awards creativity. In Europe, the country has a ritual of "authors’ rights", which states copyright is a natural right of developers, guarding their works in terms of their qualities.[2] Industrial property is the area that can be characterized are s they protection of the distinctive signs such as power the trademark and geographical interaction. Industrial intellectual laws use to protect innovation and technological designs that are wholly owned by the company itself. [3] Recent times the intellectual property right and macroeconomic effect attract the attention of the policymakers and academics.

As per Art 3 Para i, objective of the intellectual property for the organization is to promote intellectual property throughout the world by cooperating within the state and where collaboration with international organizations seems perfect. The intellectual property in the organization aims to administer cooperation among the Unions. Intellectual property helps the sustainable development of the organization which describes that their id need of sustainability in the organization[4]. Therefore there is need of copyright in the AI software implication in the organization's operation and the functions need to be digital. The organization need to be intellectual in terms of the human endeavor, technological development and many others that help them to grow their business. There is a need for copyright in the AI software's importance in the company's process and the functions need to be digital to develop in the present world. The company needs to be scholarly in terms of human effort, technical growth, and many others that help them to grow its business.[5] Copyright protects actual works that reflect the character of their founders and its size is limited by human problems such as free speech, privacy, and credentials. Constructing works with the help of Artificial intelligence plays a very important role for copyright law in the development of the organizational structure.

European Commission (2005 295 EC) Statement on the Enforcement Directive 2004/48/EC

The statement by the European Commission defines that the intellectual property is covered by the scope of the directors. This includes the copyrights, rights related to the copyrights, rights for creator of topographies of the semiconductor related product, for database markers the "sui generis right", design right, trademark rights, rights that are being delivered from the "supplementary protection certificate", utility model right, geographical right, trade names, plant variety rights and many others[6]. These are being protected by the "exclusive property" of the "national law concern" that maintain the right of the directors.

Intellectual property rights (IPR and copyright protection) of European Commission

"The European Commission" gives a statement on the intellectual property rights that an organization or any individual can use the intellectual property rules for the European and national trademarks for the protection against counterfeiting or patent. The commission gives legal advice and support to small to medium businesses in the entire of Europe. The commission gives support to the EU to spread the business in South-East Asia, China, Latin America and other parts. As per [7] any digital data need copyright protection during its arrival to the destination as it becomes very challenging to protect the original from the edited one[8]. Therefore the European Commission makes the laws for copyright protection in the digital single market. They play important role in protection of the night of copyholders and EU copyright policy help the business access the intellectualproperty more efficiently and effectively as or the EU intellectual property strategy.

“European Policy for Intellectual Property”

"The European Policy" for the intellectual property is an international, interdisciplinary, independent and non-profit organization of research that generated out of a network that is being financed by the European Commission from 2003-2005. The knowledge of the economy and information-based business rise in the world economy is accompanied by the interest growth of the intellectual property right. This help the business to secure the return on investment on the business, it guarantees an increase of new ideas and knowledge[9]. The aim of this association is to meet the various challenges as well as policy issues raised by the "intellectual property institution". This is the context of the knowledge-based economy that includes the policy concern for the European economy's future in terms of social coherence and competitiveness.

Senior Courts Act 1981, s. 72(5)

The Senior Courts Act 1981 defines that any “trademark”, patents, copyright, registered design, commercial or technical information or any intellectual property are being secures by the court to maintain the copyright policies[10].The act help the business to throw technical development as they can endure the copyright security that help the firm to grow this business effectively., This law help the form to get the opportunity to make the trademark, or take copyright of the same to run business in Europe. For many years, many types of changes come in copyright law in the United Kingdom to keep pace with the development of technology.

“Purpose of the Intellectual Property”

The purpose of the intellectual property is to protect the idea and information application to maintain the commercial value of the organization. It offers the valuable economic rewards. The economic elements incur the pressure in order to expand and strengthen the “intellectual property”. Intellectual property protects and motivates the development of the new products and new services that help business growth. Copyright is applicable to Artificial Intelligence in different types of ways, where the learning of machine systems is protected by copyright or other rights from data, such as a technique that causes music prepared using numerous lyrical works, each covered by coatings of copyright which violated.

Theories behind Intellectual Property

Natural rights theory

These rights are exposed with the legal concept of rights where rights are those which are applied on an individual by a provided legal network. These rights are the one which are interdependent on the law and beliefs of individual government or culture with definite application. During the application of these laws concept they are used to predict the right of the managers and have different justification and establishment of different social contracts and positive laws[11]. Natural rights have different antiquity where the philosophers have put light on the enlightenment age and developed the modern concept of rights. This has proven to be critical towards the modern republic government and civil society theories pertaining to natural rights which are developed as "social contract theory". The arguments of social contract are addressed through the questions where the origin of the society and the authoritative legitimacy have shown freedoms and have submitted to magistrate or ruler[12]. This theory holds the individual who have certain rights to liberty and life which will be in virtue of prevailing laws and conventions. During the middle ages this concept of natural rights will emerge with recognizable form of medical philosophers.

There are different types of natural rights which are as follows-

  • Inalienable rights- These rights are such components which server as the base for moral interactions between people. These are certain benefits which can never be waived off and also they act as irreversible components of mankind.
  • Alienable rights- This term comes from property law and refers to the system of transferring something. These rights deal with selling or giving away things.

There are different rights which can be termed as natural rights which are as follows-

  • Right to preservation of life- Every human being is liable to live with no authority of depriving them of rights. This right indulges with protection from people who tries to harm and this right to life is the fundamental part of natural right.
  • Right to ownership of property- Every individual has the right to have own property in joint or individual manner.
  • Right to liberty- This right tells that every individual has the right to live freely and have the freedom of movement followed by the right to think freely.
  • Right to religion- Every person has the right to choose his/her religion and relationship with it.

Utilitarian theory

This theory is the one which enforces action of happiness or pleasure followed by opposing actions which can cause harm of unhappiness[13]. When these are directed towards making economic, political or social decision this philosophy will aim for the betterment of the society. This theory promote the amount of good for large number of people and when it is applied in a sociopolitical manner this aim for betterment of society. This is the reason based method determining wrong or right followed by certain limitations. There are 3 principles of this theory which are as follows-

  • Happiness or pleasure- This has certain intrinsic value where it means doing good followed with certain instrumental values.
  • Actions promoting happiness- This is often controversial where it involves definite quality of action and is decided by the size of consequences[14]. As long as the action prevails maximum benefits can be yielded with greater number of people and this theory will care for immoral motives.
  • Equal count of happiness- This theory has certain principles of equality where there prevails radical and progressive.

In terms of Intellectual property it can be justified from the theories of Bentham and Mill that social and legal reforms can be identified as the fundamental operating theories. Combining the criteria of happiness and rightness people should actively promote the nature of happiness and serious competencies[15]. Many companies have different code of ethics which gets shaped by the values, cultures and laws of the corporate. Certain formalized code of ethics can be seen with more importance and with social responsibilities. Intellectual property rights specify this theory with development of rightness and wrongness of certain actions.

There are certain limitations of this theory which are as follows-

  • Creation of “black and white” morality where there are no shades of gray which proves right or wrong nature.
  • This theory cannot predict the certainty of the consequences caused due to actions which are good or bad.

Talking about intellectual property rights this theory has shown a wide virtue of improvement caused to somebody’s life. It has also proven to be essential in terms of minimizing different things. This theory mainly focuses on the actions and effects of the certain rules and guidelines followed by moral acts.

Difference and similarities between patents, copyrights, trademarks, registered designs, and trade secrets

Patents

Patents grant the creator an undivided right, or trust, for a fixed period on the declared subject declared in the printed patent. In this, a creator holds the complete authority to assure the rights and no other individual can publish the work of the patent on any other platform. Inventors and authors hold the right to market their pieces of writing or invention to ensure the security of their innovation or art. In article 1 of us law, "section 8 in clause 8 of the united states constitution grants congress the power" all the arts are protected and its rights are provided to the owner[16]. A patent is considered a shield, the rights are making possible protection as the art is restricted by the law, as a result, there is a restriction to cross over the borders of the US by other writers and the auto holds the complete right to file a case against the copy[17]. The law of patent holds similarity to the law of copyrights, registered designs as well as to some extent the law of trademarks. Some Artificial Intelligence techniques are qualified for the independent development of new works which is protected by the law of the United Kingdom.[18] When a company copies another company's existing works without taking permission, then copyright will be disobeyed.

Copyrights

An artist is someone who creates innovation in writing, designing, musical works, architecture, and many more. These creations are protected with the help of copyright, as per the copyright place stated in article 1, in clause 8 to section 8, as it is focused on copyright[19]t. Congress is to advance the advancement of science by connecting for fixed times to writers the sole privilege of their writings. The main concept of copyright law is to guard the developers of intellectual property, the ability of copyright to adopt new technologies and deliver the necessary level of security to stimulate innovation and capitalism.[20] According to Peter James, where he wants to say that if copyright has met its competition in attempting to adopt artificial intelligence, he had doubts that copyright law can guard against “non-human intelligence”.

Three issues related to copyright and artificial intelligence are:

  • by using AI Technology, the use of copyrighted works and data.
  • In case, copyright lives in works produced by Artificial intelligence, and who it belongs to.
  • Copyright security for Artificial Intelligence software.

Trademarks

A trademark is considered as a protection of a brand, name, symbol, or logo, used to determine the origin of interests or favors to forthcoming purchasers[21]. Trademarks permit future clients to consider the importance of the manufactory of the interests or the sole developer of the adequate benefits. Unregistered trademarks collapse under ordinary law while documented trademarks are against certain benefits beneath "the lanham act”. It is essential to register the brand name in the law to ensure that in the future with the development of the brand, no individual can take the brand name and sell their products under the same name.

Detailed brands, wrappers, receptacles, or publicity materials are potentially covered under trademark law in us and it is quite similar to the law of registered as in that law all the designs are protected by the created and no other individual holds the rights to copy the developed product this becomes the organization of the brand in the mind of their potential customers and archives the reputation in the marker. In remarkable possibilities, the topic concern of a structure patent can thereafter be safeguarded under trademark preservation[22]. Trade marking is considered as a name receives secondary significance in the label and fame with customers, as the brand evolves beneficial business support to the developer or the owner and the trademark leads to leveraged and "construct a revenue via licensing arrangements”[23]. This law holds similarities with the patent law, trade secrets, and registered designs as well as copyright as the creation is protected by the developer of the craft. The law of trademarks is enjoyed by the owner for a lifetime as per the law of the US; however, the patent is valid for only 15 or 20 years. The government of the United Kingdom supports a copyright system that stimulates ideation and investment in innovative companies and helps to enable the economic growth of their business.[24] When a company's business faces barriers to the use of copyrighted work in their organization it creates tension between these goals of a company.

Registered designs

A registered design is considered as a protection of the developed design of a business or created by a particular individual as a logo or a shape or any other form, this law is restricted to create of the same design in the market and the developer of the design holds the sole right to protects the form, design, print or decoration of a creation. The aim of the government is to find the courage that helps owners of the company and users of copyright work also. The government of the UK wants to make the country's international center for Artificial Intelligence and data-driven creation and its mission is to improve the understanding of AI for achieving benefits for every person in the UK.[25] The country works by ensuring that how Artificial Intelligence technology works for people to ensure and develop the best environment in the country. The law of dedicated design is similar to the law of trademark, copyright claims, patents, and registered designs; however, the law is closer to the law of trade, as the law of trademark focuses on the protection of logos, design, and name.

Trade secrets

Trade secrets in terms of the law are considered the protection of valuable information by the law. Trade secret regulation exists to permit businesses to keep some data that is acquired with time and experience and consistent permit for a lawful means to execute against any person involved in the process of breaches of that trust[26]. For example, a secret recipe of the business is loved by the people and the recipe remains secret by the terms of the law. A trade secret is more like the law of a trademark as it holds the rights to the owner to assure the protection of the data and no order individual or business can use it in future. This is diverse from all other laws this law of trade secret is not bounded with time as the law is implemented till the adequate business can sustain the secret of the business in the market to gain competitive advantages. In this law, it is considered that no management body rewards "trade secrets' to businesses. The enigmas are considered as “trade secrets' by the purity of their proficiency to be executed beneath a misappropriation statute. The techniques used to work for the development of an organization with the help of Artificial intelligence are protected by copyright law in the UK, which means that the copyright proprietor's approval is required to use the process in their work unless a copyright anomaly involves.[27] This permission only be granted by using a license by the organizations, that describe which company can use the method and how.

References

Kliemt H, “The Logical Foundations of Constitutional Democracy between Legal Positivism and Natural Law Theory” [2021] Public Choice

Ehrman M, “Application of Natural Resources Property Theory to Hidden Resources” (2020) 14 International Journal of the Commons 627

Slaev AD and Daskalova D, “Complex Property Rights and Coasean Bargaining in Natural Resource Management” (2020) 22 Journal of Environmental Policy & Planning 486

Habib M, Abbas J and Noman R, “Are Human Capital, Intellectual Property Rights, and Research and Development Expenditures Really Important for Total Factor Productivity? an Empirical Analysis” (2019) 46 International Journal of Social Economics 756

Schwartz HM, “American Hegemony: Intellectual Property Rights, Dollar Centrality, and Infrastructural Power” (2019) 26 Review of International Political Economy 490

“Differences between Copyright, Trademarks, Patents, and Trade Secrets?” (Copyright AllianceMarch 8, 2023) <https://copyrightalliance.org/faqs/difference-copyright-patent-trademark/> accessed March 9, 2023

Ager Z, “What's the Difference between Trade Marks, Copyright, Patents and Trade Secrets?” (The Hub | High Speed TrainingJune 14, 2022) <https://www.highspeedtraining.co.uk/hub/trade-marks-copyright-patents-and-trade-secrets/> accessed March 9, 2023

“Trademark, Patent, or Copyright” (United States Patent and Trademark Office - An Agency of the Department of CommerceFebruary 6, 2023) <https://www.uspto.gov/trademarks/basics/trademark-patent-copyright> accessed March 9, 2023

“Importance of Intellectual Property for the Competitiveness of Smes - WIPO” <https://www.wipo.int/edocs/mdocs/sme/en/wipo_ip_bak_03/wipo_ip_bak_03_www_34145.pdf> accessed March 9, 2023

“Intellectual Property Rights and Firm Performance in the ... - Euipo” <https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/IPContributionStudy/IPR_firm_performance_in_EU/2021_IP_Rights_and_firm_performance_in_the_EU_en.pdf> accessed March 9, 2023

“Intangible Assets and Intellectual Property - AAUP” <https://www.aaup.org/sites/default/files/files/IntangibleAssets.pdf> accessed March 9, 2023

Wto.org, 2023.What are intellectual property rights?.Accessed from:https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm[Accessed on: 9.3.2023]

Neves, P.C., Afonso, O., Silva, D. and Sochirca, E., 2021. The link between intellectual property rights, innovation, and growth: A meta-analysis. Economic Modelling, 97, pp.196-209.https://doi.org/10.1016/j.econmod.2021.01.019

Dere?, A.M. and Skonieczny, J., 2022. Green Intellectual Property as a Strategic Resource in the Sustainable Development of an Organization. Sustainability, 14(8), p.4758.https://www.mdpi.com/2071-1050/14/8/4758/pdf

Eur-lex.europa.eu,2005.Accessed from:https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:094:0037:0037:EN:PDF[Accessed on: 9.3.2023]

Kumar, A., 2019. Design of secure image fusion technique using cloud for privacy-preserving and copyright protection. International Journal of Cloud Applications and Computing (IJCAC), 9(3), pp.22-36. 10.4018/IJCAC.2019070102

Commission.europa.eu 2023.Intellectual property rights.Accessed from:https://commission.europa.eu/business-economy-euro/doing-business-eu/intellectual-property-rights_en[Accessed on: 9.3.2023]

Epip.eu, 2021.EUROPEAN POLICY FOR INTELLECTUAL PROPERTY.Accessed from:https://www.epip.eu/#:~:text=EPIP%20stands%20for%20European%20Policy,Commission%20from%202003%20to%202005. [Accessed on: 9.3.2023]

Legislation.gov.uk, 2023.Senior Courts Act 1981.Accessed from:https://www.legislation.gov.uk/ukpga/1981/54/section/72[Accessed on: 9.3.2023]

Website

Gov.uk, ‘Artificial Intelligence Call for Views: Copyright and Related Rights’ (GOV.UK23 March 2021) https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/artificial-intelligence-call-for-views-copyright-and-related-rights

Guadamuz A, ‘Artificial Intelligence and Copyright’ (Wipo.int2020) https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html

lawyer-monthly.com, ‘Can Copyright Law Accommodate AI?’ (Lawyer Monthly | Legal News Magazine2023) https://www.lawyer-monthly.com/2021/11/can-copyright-law-accommodate-ai/

[1] Wto.org, 2023.What are intellectual property rights?.Accessed from:https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm[Accessed on: 9.3.2023]

[2] Gov.uk, ‘Artificial Intelligence Call for Views: Copyright and Related Rights’ (GOV.UK23 March 2021) https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/artificial-intelligence-call-for-views-copyright-and-related-rights

[3] Neves, P.C., Afonso, O., Silva, D. and Sochirca, E., 2021. The link between intellectual property rights, innovation, and growth: A meta-analysis. Economic Modelling, 97, pp.196-209.https://doi.org/10.1016/j.econmod.2021.01.019

[4] Dere?, A.M. and Skonieczny, J., 2022. Green Intellectual Property as a Strategic Resource in the Sustainable Development of an Organization. Sustainability, 14(8), p.4758.https://www.mdpi.com/2071-1050/14/8/4758/pdf

[5] Guadamuz A, ‘Artificial Intelligence and Copyright’ (Wipo.int2020) https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html

[6]Eur-lex.europa.eu,2005.Accessed from:https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:094:0037:0037:EN:PDF[Accessed on: 9.3.2023]

[7] Kumar, A., 2019. Design of secure image fusion technique using cloud for privacy-preserving and copyright protection. International Journal of Cloud Applications and Computing (IJCAC), 9(3), pp.22-36. 10.4018/IJCAC.2019070102

[8] Commission.europa.eu 2023.Intellectual property rights.Accessed from:https://commission.europa.eu/business-economy-euro/doing-business-eu/intellectual-property-rights_en[Accessed on: 9.3.2023]

[9] Epip.eu, 2021.EUROPEAN POLICY FOR INTELLECTUAL PROPERTY.Accessed from:https://www.epip.eu/#:~:text=EPIP%20stands%20for%20European%20Policy,Commission%20from%202003%20to%202005. [Accessed on: 9.3.2023]

[10] Legislation.gov.uk, 2023.Senior Courts Act 1981.Accessed from:https://www.legislation.gov.uk/ukpga/1981/54/section/72[Accessed on: 9.3.2023]

[11] Kliemt, H., 2021. The logical foundations of constitutional democracy between legal positivism and natural law theory. Public choice, pp.1-13. https://doi.org/10.1007/s11127-021-00888-9

[12] Ehrman, M., 2020. Application of natural resources property theory to hidden resources. International Journal of the Commons, 14(1). DOI: http://doi.org/10.5334/ijc.982

[13] Slaev AD and Daskalova D, “Complex Property Rights and Coasean Bargaining in Natural Resource Management” (2020) 22 Journal of Environmental Policy & Planning 486

[14] Schwartz HM, “American Hegemony: Intellectual Property Rights, Dollar Centrality, and Infrastructural Power” (2019) 26 Review of International Political Economy 490

[15] Habib M, Abbas J and Noman R, “Are Human Capital, Intellectual Property Rights, and Research and Development Expenditures Really Important for Total Factor Productivity? an Empirical Analysis” (2019) 46 International Journal of Social Economics 756

[16] “Differences between Copyright, Trademarks, Patents, and Trade Secrets?” (Copyright AllianceMarch 8, 2023) <https://copyrightalliance.org/faqs/difference-copyright-patent-trademark/> accessed March 9, 2023

[17] “Intangible Assets and Intellectual Property - AAUP” <https://www.aaup.org/sites/default/files/files/IntangibleAssets.pdf> accessed March 9, 2023

[18] Guadamuz A, ‘Artificial Intelligence and Copyright’ (Wipo.int2020) https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html

[19] Ager Z, “What's the Difference between Trade Marks, Copyright, Patents and Trade Secrets?” (The Hub | High Speed TrainingJune 14, 2022) <https://www.highspeedtraining.co.uk/hub/trade-marks-copyright-patents-and-trade-secrets/> accessed March 9, 2023

[20] Gov.uk, ‘Artificial Intelligence Call for Views: Copyright and Related Rights’ (GOV.UK23 March 2021) https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/artificial-intelligence-call-for-views-copyright-and-related-rights

[21] “Intellectual Property Rights and Firm Performance in the ... - Euipo” <https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/IPContributionStudy/IPR_firm_performance_in_EU/2021_IP_Rights_and_firm_performance_in_the_EU_en.pdf> accessed March 9, 2023

[22] “Trademark, Patent, or Copyright” (United States Patent and Trademark Office - An Agency of the Department of CommerceFebruary 6, 2023) <https://www.uspto.gov/trademarks/basics/trademark-patent-copyright> accessed March 9, 2023

[23] “Importance of Intellectual Property for the Competitiveness of Smes - WIPO” <https://www.wipo.int/edocs/mdocs/sme/en/wipo_ip_bak_03/wipo_ip_bak_03_www_34145.pdf> accessed March 9, 2023

[24] Gov.uk, ‘Artificial Intelligence Call for Views: Copyright and Related Rights’ (GOV.UK23 March 2021) https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views/artificial-intelligence-call-for-views-copyright-and-related-rights

[25] lawyer-monthly.com, ‘Can Copyright Law Accommodate AI?’ (Lawyer Monthly | Legal News Magazine2023) https://www.lawyer-monthly.com/2021/11/can-copyright-law-accommodate-ai/

[26] “Importance of Intellectual Property for the Competitiveness of Smes - WIPO” <https://www.wipo.int/edocs/mdocs/sme/en/wipo_ip_bak_03/wipo_ip_bak_03_www_34145.pdf> accessed March 9, 2023

[27] Guadamuz A, ‘Artificial Intelligence and Copyright’ (Wipo.int2020) https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html

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