Beyond Copyright: Innovative Strategies for Safeguarding Digital Content

In today's digital age, rights holders are having to think outside the box to add value and protect their works.

Why this matters?

It is a key principle of UK IP law that copyright protection is automatic.

This gold standard is rooted in the principle that creators should have immediate rights over their original works without being burdened by administrative formalities.

However, while the laws were ahead of their times with regards to computer generated works and tech (even anticipating AI), the digital world of the 80's is obviously not the world of today where smart technologies have integrated into every aspect of life and business.

I have seen how things can change

Against this contentious and shifting backdrop, rights holders are rethinking issues such as provenance and ownership of their creative works online.

Whilst web-crawling is not new, its adoption on a global and industrial scale in the business of AI is.

There is now a growing concern that anything made available online can no longer be called 'original'.

As a security for originality, take for example the recent trend of buyers of digital works stipulating in contracts that the supplier has registered rights in their works. Even going as far as recovering their costs if this has not been done.

Common contractual ownership warranties are quickly becoming a thing of the past.

The problem is - tracking and verification metadata technologies such as C2PA, fingerprinting and watermarking remain in early stage development.

Registered design rights

Perhaps this is one reason design rights are having a renaissance.

They are a cost effective measure to register ownership of artistic works made available across the digital landscape.

This ultimately assists rights holders to regain creative control, add value and strike a deal.

After all, most AI vendors are looking for original content on a licence basis to train their models.

In every adversity lies opportunity.

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