Authorship, Disrupted: AI Authors in Copyright and First Amendment Law

29 Pages Posted: 15 Dec 2017 Last revised: 3 Jan 2018

Margot E. Kaminski

University of Colorado Law School; Yale University - Yale Information Society Project; Yale University - Law School; University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship

Date Written: December 12, 2017

Abstract

Technology is often characterized as an outside force, with essential qualities, acting on the law. But the law, through both doctrine and theory, constructs the meaning of the technology it encounters. A particular feature of a particular technology disrupts the law only because the law has been structured in a way that makes that feature relevant. The law, in other words, plays a significant role in shaping its own disruption. This Essay is a study of how a particular technology, artificial intelligence, is framed by both copyright law and the First Amendment. How the algorithmic author is framed by these two areas illustrates the importance of legal context and legal construction to the disruption story.

Keywords: AI, Copyright, First Amendment, Algorithms

Suggested Citation

Kaminski, Margot E., Authorship, Disrupted: AI Authors in Copyright and First Amendment Law (December 12, 2017). UC Davis Law Review, Vol. 51, No. 589, 2017; U of Colorado Law Legal Studies Research Paper No. 17-26. Available at SSRN: https://ssrn.com/abstract=3086912

Margot E. Kaminski (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship ( email )

Wolf Law Building
2450 Kittredge Loop Road
Boulder, CO
United States

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