Originality and the Future of Copyright in an Age of Generative AI (2024)

Creativity and artificial intelligence: A view from the perspective of copyright (2021)

2021

If AI is capable of generating objects with the same form of expression as copyright works, does it give reasons to believe that AI is as much a subject of creativity as humans? This question is not easy to answer because there is no structured theory of creativity in copyright; therefore, there is no clear understanding of what creativity means in terms of copyright and who can be the subject of creativity. This article examines four approaches to defining creativity – the process, the result, the set of necessary conditions, and the personality of the creator – in connection with the principles of the legal protection of works. Also, this article builds the copyright concept of creativity, which includes the essence of this activity, its subjects, and its forms. Based on that, the activity of AI to create objects similar to copyrighted works is analysed in comparison with human creativity. This discussion will help determine whose work can be the subject of creativity protected by copyright.

To Be, or Not to Be … Original Under Copyright Law, That Is (One of) the Main Questions Concerning AI-Produced Works

GRUR International , 2022

This paper examines whether different types of AI-produced works, namely AI-assisted, AI-generated, and AI-genassisted works, are able to satisfy the originality requirement, as established within the EU copyright acquis. It will argue that even assuming that the choices of AIs can be deemed free, they could not be considered creative due to the anthropological footprint of copyright law which traditionally covers only human creativity. This implies that copyright protection can be granted only to outputs that display a sufficient level of original human intervention, which is most likely present in AI-assisted works and, depending on the case, in AI-genassisted works, too. The desirability of stretching copyright further to accommodate artificial creativity is also lessened by the risk that it could saturate the creative market due to an overexpansion of monopoly rights. Thus, the copyright solution will be evaluated together with some existing alternative legal tools, such as neighbouring rights, sui generis rights, patents, or even the absence of protection over AI-generated works to preserve a robust public domain.

AI-Generated Content and the Question of Copyright

The Market: International Journal of Business, 2024

The rise of AI-generated content has prompted a heated debate over whether such works are eligible for copyright protection. Supporters argue that since AI-generated works require human input, they should be eligible for copyright protection. On the other hand, opponents contend that since such works are not created by humans, they do not qualify for copyright protection. This article explores both sides of the debate and considers the far-reaching implications of allocating copyright to AI-generated works, including issues of ownership and control, as well as the potential impact on the creative industries. Ultimately, this article argues that as AI-generated content becomes more prevalent, policymakers must grapple with the question of how (and if) to allocate copyright to these works in a way that is fair and equitable to all stakeholders involved and proposes a model for determining authorship in non-human generated works. Keywords: Artificial Intelligence (AI); Copyright Law; Intellectual Property; Machine Learning; Ownership of AI-generated Content; Policy Implications of AI in Copyright.

The Use of Copyrighted Works by AI Systems: Art Works in the Data Mill

SSRN Electronic Journal, 2018

Copyright in AI-generated works: Lessons from recent developments in patent law

SCRIPT-ed, 2022

The evolution of copyright in the age of artificial intelligence challenges and perspectives

Artificial Intelligence and International Human Rights Law, 2024

The intensive development of artificial intelligence (AI) in recent years has significantly affected various socioeconomic sectors and generated new ethical and legal issues. This impact has not spared the creative sector. Some AI tools assist or complement the human creative process, and can generate cultural content without human input. This raises questions about the protection of such works by copyright law. In this context, the research conducted within the framework of the chapter centres around exploratory questions: 1. Can AI creativity be treated as a ‘work’ within the meaning of copyright law? 2. If the creativity generated by AI qualifies as a work of authorship, to whom do the rights to this work belong? 3. Should the copyright protection system evolve to extend protection to AI creations as well? The chapter is divided into three main parts. The first part analyses the current legal status in the context of the possibility of copyright protection of AI works. The goal is to determine whether AI works meet the conditions for being surrounded by copyright protection. Can AI be a legitimate subject? In the second part, the prospect of the development of legislation related to AI works is examined. An assessment is made as to whether and under what conditions it is possible to protect it, and to whom the copyright in such creativity belongs. The last part presents the problem of copyright protection of the source works on which artificial intelligence works.

Artificial Intelligence Generated Arts: Ownership & Copyright, 2023

Creativity has always experienced transmutation of styles of production and outcomes embracing novel media ideas for better artworks. This transmutation is seen to have evolved from the traditional creatives style of ancient charcoal and dye works technically brush and acrylic or oil paint works, clay or bronze sculptures then to digital sketches and three dimensional sculptures. Technology, the key aesthetic of the twenty-first century, has further pushed creative works for future ease and fast generation of arts in multitude of styles, generally known as Artificial Intelligence art generators with the air of text prompt commands. The legal protection of these artistic works under the Nigerian Copyright Act appears however outside the motive of the Act. This writer objectively evaluates the requirements for copyright protection under the Nigerian Copyright Act and its applicability to A.I. generated arts juxtaposed with legal frameworks of other jurisdictions and related case laws.

Creativity and Information Intermediaries in the Age of Generative AI

This editorial explores the transformative potential of generative AI within the framework of copyright law, challenging the traditional notions of 'fair use' and the role of information intermediaries. This editorial argues that current copyright practices, dominated by intermediaries, hinder the creative freedoms that generative AI can offer. Drawing on historical precedents, the paper proposes that the fair use doctrine might need to be reconsidered in the era of generative AI, necessitating new considerations for a revised social contract between humans and technology. It advocates for a reevaluation of how copyright laws apply to AI-generated content, emphasizing the need for new models that recognize the social, economic, and technological realities of the 'creativity machine'. Ultimately, the editorial calls for a reassessment of legal and ethical frameworks governing generative AI to better support innovation and societal benefits.

Bashar Malkawi, The Intersection of AI Generative Works and Copyright Law: The Need for Recalibration

2023

The Intersection of AI Generative Works and Copyright Law The Need for Re-calibration: Global Perspective

“You AIn’t Seen Nothing yet” – Arguments against the Protectability of AI-generated Outputs by Copyright Law

2021

Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” and the protection of it by copyright law has similarly gained a spotlight recently. This article collects the key arguments against the proposal of such protection. The core elements of copyright law – namely the concept of authorship, originality and moral rights, as well as copyright’s history and incentives – are deeply rooted in an anthropocentric (although not only author-centric) world. Unless paradigm shift in copyright law, the lack of direct human element of an AI-generated output shall lead to the unavailability of copyright protection for these outputs. The paper is an updated version of “From Leonardo to the Next Rembrandt – The Need for AI-Pessimism in the Age of Algorithms”.