L’(I)Autore inesistente: una tesi tecno-giuridica contro la tutela dell’opera generata dall’Intelligenza Artificiale

Emergence of Artificial Intelligence holds the potential to transform the future of human based systems. The ever-evolving technology serves diverse purposes and could possibly replace humans everywhere, including the once inherently human-centered field of creativity. The increasing use of machines in creating music, literature and art raises issues of ownership and other legal rights in machine generated works and challenge conventional notions of copyright protection and authorship. In light of emerging legal issues, this article seeks to answer a portion of the relevant questions. After a brief discussion on AI tools in the market that generate creativity, this article moves focus to the question of AI as A(I)uthor. Protectability of AI-generated creative works under the current copyright framework is discussed. Whether AI meets the traditional copyrights standards of legal personhood, authorship and originality is examined from an international perspective. From a policy perspective, there can be multiple approaches to AI generated works. 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. This chapter considers the road ahead by reviewing these policy options from different theoretical perspectives, such as personality theories and utilitarian/incentive theories of intellectual property.