Creations Caused by Humans (or Robots)? Artificial Intelligence and Causation Requirements for Copyright Protection in EU Law

Abstract

The current legal framework for protecting works of authorship in EU law presupposes that the work is the author’s ‘own intellectual creation’. The requirement is challenged in an environment where AI is used in creative processes. It is presumed that the concept of ‘own intellectual creation’ implies a causation requirement in that creation must be a result of the author’s own intellectual efforts. The further content of the causation requirement has hitherto not been subject to much attention, but in an environment where both humans and machines influence the final result, the question about what elements in a work that must be considered as caused by human endeavours comes to a head. Against that background this contribution discusses the further content of the implicit causation requirement in EU copyright law in the context of AI-generated works.

Keywords: Artificial intelligence, copyright, causation, European law, creativity

JEL Classification: K11