AI and the Law: assistant or assassin

Smartt, Ursula (2025) AI and the Law: assistant or assassin. European Intellectual Property Review, 5 (2). ISSN 01420461 (Submitted)

Abstract

The increasing prominence of generative artificial intelligence (GenAI), particularly large language models (LLM), has sparked significant legal discourse, particularly surrounding copyright, patent, and intellectual property laws. In the UK and Europe, AI companies are negotiating licensing deals with media outlets to use human-made content for training purposes. However, a legal tension arises as content owners argue that the unlicensed use of their material amounts to copyright infringement, particularly in the music industry. While ongoing litigation in the US explores whether AI systems can legally scrape copyrighted works to train models, the European approach leans toward alternative dispute resolutions and licensing agreements. A noteworthy case, Emotional Perception AI Ltd, addresses whether artificial neural networks (ANN) can be patented under s 1(2) of the Patents Act 1977. The Court of Appeal ruled an ANN is akin to computer program and therefore does not meet the threshold for patentability, as they lack a ‘technical effect.’ The case is pending appeal before the UK Supreme Court. GenAI’s impact on creative industries is reshaping legal perspectives on copyright in both the US and the UK. Music AI tools, such as Meta's AudioCraft, are capable of generating original compositions by analysing vast amounts of pre-existing works. This raises complex questions about the ownership of AI-generated music, with potential legislative changes in the UK considering whether AI creators should be granted copyright protection or if existing IP owners should retain control over their work. Furthermore, the legal profession itself is witnessing the integration of AI into everyday legal practice, from drafting contracts to performing legal research. While AI provides efficiencies, concerns about data protection and confidentiality remain significant, with some jurisdictions introducing specific regulations governing AI’s use in legal proceedings. As generative AI continues to evolve, its legal implications will require ongoing adaptation to balance innovation with the protection of intellectual property and rights holders.

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