Copyright – Is the Machine an Author?

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter is meant to answer a set of emerging legal questions within the AI-generated creativity conundrum. How does AI-generated creativity fit with traditional copyright theory and existing doctrines? In particular, which are the conditions for protection of creations generated by AI and deep neural networks under the main copyright regimes? Should legal personhood for AI be considered? Is AI an author according to traditional copyright standards? Can a machine be original? These questions—that are only a portion of the relevant questions related to AI-generated creativity—can be summarized as the question of AI as an A(I)uthor. In addition to genuine challenges related to standards for AI’s authorship, this chapter will be finally considering the road ahead by reviewing policy options from different theoretical perspectives, such as personality theories and utilitarian/incentive theories of intellectual property.
Original languageEnglish
Title of host publicationArtificial intelligence in the audiovisual sector
EditorsMaia Capello
PublisherEuropean Audiovisual Observatory
Chapter5
Pages87-115
ISBN (Print)978-92-871-8806-9
Publication statusPublished - 2021
Externally publishedYes

Publication series

NameIRIS Special

Keywords

  • artificial intelligence, law, copyright, authorship, regulation, reform, intellectual property, technology

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