Reconsidering creativity: copyright protection for works generated using artificial intelligence
Niloufer Selvadurai, Rita Matulionytė
Abstract
As artificial intelligence (AI) technologies are increasingly involved in the creation of music, works of arts, poems and even film scripts, a critical legal issue is the nature and ambit of copyright protection that should be afforded to AI-generated works. As Andres Guadamuz compellingly notes, ‘[t]he rise of the machines is here, but they do not come as conquerors, they come as creators’.1 While there are many and varying definitions of AI, for the present purpose, the concept is best understood as referring to the simulation, by a machine entity, of the cognitive aspects of human thinking.2 Such simulation of human intelligence processes by computer systems encompass both automated learning and automated reasoning. Automated learning refers to the process by which AI systems acquire information and apply predetermined rules for using that information; automated reasoning refers to the process by which such systems use these rules to reach approximate or definite conclusions. Important features of AI reasoning involves learning from past experiences and self-correction.3 At present, the nature and ambit of copyright protection extended to works generated using AI differs across jurisdictions, with significant divergences in the both the principles governing copyright authorship and ownership and those governing infringement. In such a context, the objective of the present article is to consider the appropriate ambit of copyright protection that should be extended to AI-generated works. The article will begin by providing a brief international overview of present copyright laws in this area, proceed to considering the evolving law reform discourse, most notably the ongoing World Intellectual Property Organization (WIPO) inquiry,4 and culminate by considering options to refine and clarify copyright law in this critical area.