Artificial Intelligence and Digital Watermarking will Transform Copyright Arbitration and Dispute Resolution for 3D Printing: An Empirical Analysis
Artificial intelligence (AI) has been the subject of much discussion in terms of its applicability to law. This paper focuses on the use of AI in copyright arbitration and dispute resolution for three-dimensional (3D) printing (3DP). Its main argument is that laws relating to digital watermarking will push the utilisation of AI in such alternative dispute resolution (ADR) methods, be it arbitration or mediation, in a particular direction, i.e., one that favours more complex watermarking, and the use of AI in automatically resolving disputes, through ADR methods, i.e. arbitration and/or mediation. In order to make this argument, the article is structured as follows: first, it discusses the existing laws relating to digital watermarks, making the point that the more complex the watermark placed in content, the more likely it is to obtain protection. Next, it outlines the authors’ empirical work to apply an existing AI system to copyright case law, to see how an AI system ‒ which may fall under the purview of such protection ‒ can read and understand cases and produce outcomes in disputes concerning 3DP. The conclusion of this research was that complex watermarks will lead to faster and more accurate resolutions. Following that, it considers the existing legal regime for dispute resolution, through ADR methods (i.e. arbitration and/or mediation), and makes the contention that AI systems can fit within the existing legal framework. However, the conclusion argues that certain issues merit closer attention. For example, there should be more explicit consideration in law of how watermarking can influence the direction of AI dispute resolution, through ADR methods, and that the role of the judge in such AI dispute resolution methods needs to be considered further.
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