Artificial Intelligence (AI) and Watermarking to Transform Copyright Arbitration and Dispute Resolution for Three-Dimensional (3D) printing: An Empirical Analysis
This is the author accepted manuscript.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-dimenisonal (3D) printing. Its main argument is that laws
relating to digital watermarking will push the utilisation of AI in such alternative
dispute resolution 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 alternative dispute resolution methods, i.e. arbitration
and/or mediation. In order to make this argument, our article follows the below
structure: first we focus our discussion on 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. Furthermore, due to the fact that
even AI systems themselves may fall under the purview of such protection, hence, as
part of this paper, we then undertook funded empirical work to apply an existing AI
system to copyright case law, to see how an AI system can read and understand cases
and produce outcomes in disputes concerning 3D printing. The result of this was that
it is clear that more complex watermarks will lead to faster and more accurate
resolutions. Following that , we then consider the existing legal regime for dispute
resolution, through alternative dispute resolution methods (be it arbitration and/or
mediation), and make the contention that AI systems can fit within the existing legal
framework. However, we have concluded that certain issues are raised which we feel
should 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 alternative dispute resolution methods and that the role of the
judge in such AI dispute resolution methods needs to be considered further.Economic and Social Research Council (ESRC
