September Edition 2023

20 ownership is discussed in Israel through a copyright infringement litigation case, the decision will likely be similar as well, that AI alone cannot be considered a creator under the current Israeli copyright law.” Shibolet’s Oren added: “The future of copyright in relation to GEN-AI tools is indeed a new terrain, and the regulatory and judicial authorities should balance carefully between all the players in order to keep incentives for human creators while pushing forward the benefit we all can gain from AI tools.” Keidar of Arnon, Tadmor-Levy notes: “The reality is that there is little guidance by regulators or case law as to the legal norms in this space. Clients would typically look for certainty and risk management. We are investing efforts to assist client in a creating an AI legal-safe environment within the organization mainly through working with the GC or management. Usually, it involves AI risk mitigation policy, internal monitoring to ensure AI usage aligns with existing policies, tracking high-risk activities, ensuring proper disclosures and representations, adjusting commercial agreements and proper training for management and employees.” Current regulatory landscape: EU; UK; US and Israel While there is widespread agreement on the need for protective measures, finding the right balance between innovation and safety, ethics and accountability is a real challenge. Debate remains ongoing on how best to regulate these innovative technologies. As the world’s regulators grapple with concerns such as algorithmic bias, misinformation from chatbots like ChatGPT, and misuse of personal data, there is a lack of consensus on a regulatory framework. The result: the regulatory landscape surrounding AI varies by country and region. “The EU has taken a leading-edge approach in shaping the regulatory landscape for AI in recent years,” says Jeremiasz Kusmierz, Head of Compliance at Warsaw-based international law firm Penteris. “Central to this effort is the proposed "Artificial Intelligence Act," which is a framework designed to establish unified rules for the development and deployment of AI. Key to this framework and a defining characteristic of the EU's approach is the adoption of a risk-based paradigm, which involves regulating the diverse applications and functionalities of AI systems rather than the technology itself. This strategy sees technology as a versatile tool that can be beneficial, neutral, or even harmful to society depending on its

RkJQdWJsaXNoZXIy MjgzNzA=