Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Wednesday, July 27, 2011

The AI Author and Copyright

Annemarie Bridy, University of Idaho College of Law, has published Coding Creativity: Copyright and the Artificially Intelligent Author. Here is the abstract.

For more than a quarter century, interest among copyright scholars in the question of AI authorship has waxed and waned as the popular conversation about AI has oscillated between exaggerated predictions for its future and premature pronouncements of its death. For policymakers, the issue has sat on the horizon, always within view but never actually pressing. To recognize this fact, however, is not to say that we can or should ignore the challenge that AI authorship presents to copyright law’s underlying assumptions about creativity. On the contrary, the relatively slow development of AI offers a reprieve from the reactive, crisis - driven model of policymaking that has dominated copyright law in the digital era. This Article advances the argument that the increasing sophistication of generative software compels recognition that computational creativity is less heterogeneous to both its human counterpart and the current structure of copyright law than appearances may suggest. The Article frames and then seeks to answer some difficult questions arising from the artificially intelligent production of cultural works, including how and when the law of copyrights should evolve, if indeed, it can evolve within constitutional limits to accommodate the birth of the AI author.

Download the paper from SSRN at the link.

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