Third-year University of Alberta student Pascal Visentin is the winner of the 2018 CBA National Intellectual Property Law Student Essay Competition for his paper "State of the Arts: How Should Canadian Copyright Law Treat Works Generated by Artificial Intelligence?"
The award is presented annually for the best scholarly paper or article, submitted by any full-time university student enrolled at a Canadian law school, on a subject relating to Canadian intellectual property law.
Visentin was recognized for his achievement at the CBA IP Federal Courts Judges' Dinner in Ottawa on May 31.
He said his paper, which examines the issue of works created by artificial intelligence and how copyright would subsist within those works, is important to think about, given how rapidly technology is evolving.
"This is a very au-courant topic and I thought it was impactful to the community," said Visentin.
For example, he explained the common difficulty to find a human author behind bodies of work created through automated processes. In his paper, he states the solution is to make changes to the copyright act allowing makers - someone who makes arrangements for the work, like an incorporation or an investor - to be the first owners of copyright in these types of works, rather than the author.
"It's a much broader category," said Visentin. "This topic could have tremendous commercial value. It's important for law to clarify both how to deal with those kinds of works and how to reflect creativity in the 21st century."
A former analytical chemist with a science undergraduate degree, his run-ins with regulatory and intellectual property issues led him to law school. Originally written for a class assignment, he decided to submit his paper to the essay competition after incorporating feedback from his Intellectual Property class - taught by Rob McDonald, QC and Ted Yoo - and more in-depth research.
"If they have an interest, I encourage students to apply," he said. "It's a really great opportunity for networking and professional development."