Artificial Creativity: Emergent Works and the Void in Current Copyright Doctrine

Research output: Journal contributionsJournal articlesResearchpeer-review

Authors

Artificial intelligence (AI) is on everyone’s lips and is in everyday use. Yet discussion of what this means for our present and futureparticularly in terms of the revolutions that AI might bring to the legal sphere—has only just begun. One topic that warrants, but has yet to receive, in-depth attention is the relevance of AI for innovative and creative activity and production. Legal analyses thus far have focused on humans and their role as innovators, authors, or creators. Left in the dark, however, is the question of how to regulate AI when it “innovates” or “creates” autonomously—without human direction or intervention.

Examples of such artificial creativity abound. Robots and computers have recently come to paint works of art, compose symphonies, and write news articles, poetry, and novels. All of these “works” would doubtlessly be protected by copyright if created by a human being. But we are hopelessly naïve when confronted with whether and how copyright law and neighboring areas of intellectual property protection should respond to the rise of AI. Indeed, current law is devoid of rules and doctrines for artificial creativity—with the result that AI-generated works are left unprotected. The consequences of such neglect are yet to be discussed.

This Article provides an overview of the status quo of artificial creativity—i.e., creative production by AI—and its regulation (or, rather, non-regulation) in different jurisdictions, as well as an analysis of relevant doctrinal debates and economic foundations. It then offers suggestions for a reconceptualization of current doctrine, outlining a roadmap and overarching framework for legislative action and practical adjudication.
Original languageEnglish
JournalYale Journal of Law and Technology
Volume22
Pages (from-to)1-60
Number of pages60
ISSN2766-2403
Publication statusPublished - 2020

    Research areas

  • Law

Recently viewed

Publications

  1. Credit constraints and exports: A survey of empirical studies using firm level data
  2. Healthier and Sustainable Food Systems: Integrating Underutilised Crops in a ‘Theory of Change Approach’
  3. Theorizing path dependence
  4. Von Modell zu Modell
  5. Symmetrical Communication?
  6. Risk tolerance and altruism
  7. The complementarity of single-species and ecosystem-oriented research in conservation research
  8. Handlungstheorie
  9. Inventory of biodegradation data of ionic liquids
  10. Abiotic and biotic drivers of tree trait effects on soil microbial biomass and soil carbon concentration
  11. Leverage points and levers of inclusive conservation in protected areas
  12. Investigations on hot tearing of Mg-Al binary alloys by using a new quantitative method
  13. Perceptual latency priming
  14. Negotiation complexity
  15. Changing the Rules
  16. Investigation of interaction between forming processes and rotor geometries of screw machines
  17. Does the introduction of the Euro have an effect on subjective hypotheses about the price-quality relationship?
  18. Guest Editorial
  19. Towards sustainable resource management
  20. Can't Stop The Feeling
  21. 'Saving' the city
  22. Can management compensate for atmospheric nutrient deposition in heathland ecosystems?
  23. In the Aftermath of Violence. On Being Present and Calling Into Presence
  24. Multiple forest structural elements are needed to promote beetle biomass, diversity and abundance
  25. Das Konzept "Dialog" in der Werbung
  26. Time for the Environment: The Tutzing Time Ecology Project
  27. Institutional mirror versus substitute: How regulations affect explicit CSR motivation
  28. Cognitive aspects of noise sensitivity
  29. Probing turbulent superstructures in Rayleigh-Bénard convection by Lagrangian trajectory clusters
  30. Updating company law
  31. A Dual Kalman Filter to Identify Parameters of a Permanent Magnet Synchronous Motor
  32. Productivity and the product scope of multi-product firms:
  33. Applying the ecosystem services framework to pasture-based livestock farming systems in Europe
  34. Monitoring networking between higher education institutions and regional actors
  35. Gender in Trouble
  36. Accounting for Eco-Efficiency