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

Research output: Journal contributionsJournal articlesResearchpeer-review

Standard

Artificial Creativity: Emergent Works and the Void in Current Copyright Doctrine. / Dornis, Tim W.
In: Yale Journal of Law and Technology, Vol. 22, 2020, p. 1-60.

Research output: Journal contributionsJournal articlesResearchpeer-review

Harvard

APA

Vancouver

Bibtex

@article{03c828dfa2de46d8ad5b844385d5b05f,
title = "Artificial Creativity: Emergent Works and the Void in Current Copyright Doctrine",
abstract = "Artificial intelligence (AI) is on everyone{\textquoteright}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 na{\"i}ve 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.",
keywords = "Law",
author = "Dornis, {Tim W.}",
note = "Das Yale Journal hat eine ISSN im Dezember 2020 beantragt. Vorgang dauert an.",
year = "2020",
language = "English",
volume = "22",
pages = "1--60",
journal = "Yale Journal of Law and Technology",
issn = "2766-2403",
publisher = "Yale Law School",

}

RIS

TY - JOUR

T1 - Artificial Creativity

T2 - Emergent Works and the Void in Current Copyright Doctrine

AU - Dornis, Tim W.

N1 - Das Yale Journal hat eine ISSN im Dezember 2020 beantragt. Vorgang dauert an.

PY - 2020

Y1 - 2020

N2 - 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.

AB - 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.

KW - Law

UR - https://papers.ssrn.com/sol3/results.cfm

M3 - Journal articles

VL - 22

SP - 1

EP - 60

JO - Yale Journal of Law and Technology

JF - Yale Journal of Law and Technology

SN - 2766-2403

ER -

Recently viewed

Researchers

  1. Werner Härdtle

Publications

  1. What if this was a piece of art
  2. Groundwater abstraction for irrigation and its impacts on low flows in a watershed in Northwest Germany
  3. Evaluating a web-based PPGIS for the rehabilitation of urban riparian corridors
  4. Development of a cycling anger scale
  5. Warm, lively, rough?
  6. Emerging order in movement
  7. Influence of the Microstructure and Silver Content on Degradation, Cytocompatibility, and Antibacterial Properties of Magnesium-Silver Alloys in Vitro
  8. Ice clamping system in manufacturing systems as a cyber-physical system towards Industry 4.0
  9. Beyond carbon, more than forest? REDD plus governmentality in Indonesia
  10. Digital health literacy and information-seeking on the internet in relation to COVID-19 among university students in Greece
  11. Affect, Attachment, and Passion
  12. Pythagoreismus
  13. How to Explain Major Policy Change Towards Sustainability? Bringing Together the Multiple Streams Framework and the Multilevel Perspective on Socio-Technical Transitions to Explore the German “Energiewende”
  14. A Framework for Ecopreneurship
  15. Can we represent future generations in myopic democracies?
  16. Introduction to Music and the Politics of Memory
  17. More effective natural resource management through participatory governance?
  18. HEPS Inventory Tool
  19. Spaghetti Code
  20. Profilierte Ökumene
  21. The declarative value of paraphs and the scope of military opposition. Annotations to Johannes Hurter: On the way to military opposition.
  22. Klimasimulation
  23. Thinking about individual actor-level perspectives in sociotechnical transitions
  24. Explaining Age and Gender Differences in Employment Rates
  25. Mentoring in schulischen Praxisphasen
  26. “It shouldn’t look aggressive”
  27. Mehrsprachigkeit in der Grundschule
  28. Comment on "nomenclature, Chemical Abstracts Service Numbers, Isomer Enumeration, Ring Strain, and Stereochemistry
  29. Marshall McLuhan
  30. Von Differenz zu Vielfalt zu Super-Diversity
  31. Mechanical and corrosion properties of as-cast and extruded MG10GD alloy for biomedical application