This chapter discusses the question of AI as an A(I)uthor. The increasing use of machines in creating music, literature and art challenges conventional notions of copyright protection and authorship. In particular, protectability of AI-generated works under the current copyright framework is hotly debated. First, this Chapter examines whether AI meets the traditional copyrights standards of legal personhood, authorship and originality. Second, the chapter considers multiple approaches to AI-generated works from a policy perspective. They can be given public domain status, authorship can be granted to humans or the machine, the work can be given sui generis protection or rights can be granted to publishers and disseminators. Finally, this chapter considers the road ahead by assessing justifications for these policy options from different theoretical perspectives, such as fairness, personality, utilitarian/incentive, and cultural theories of intellectual property.
|Title of host publication||Research Handbook on Intellectual Property and Artificial Intelligence|
|Publication status||Accepted - 12 Jan 2022|
- artificial intelligence, copyright, authorship, policy, law, technology