Machine Learning to Machine Owning: Redefining the Copyright Ownership from the Perspective of Australian, US, UK and EU Law

Pratap Devarapalli, (2018). Machine Learning to Machine Owning: Redefining the Copyright Ownership from the perspective of Australian, US, UK and EU law, European Intellectual Property Review, 40 (11), 722-728

15 Pages Posted: 19 Dec 2018

See all articles by Pratap Devarapalli

Pratap Devarapalli

University of Tasmania, Faculty of Law, Center for Law and Genetics; Queensland University of Technology - Faculty of Law; World Intellectual Property Organization (WIPO); Institute of Intellectual Property

Date Written: November 1, 2018

Abstract

Machine learning is a major class of artificial intelligence that enables machines to learn from their experiences without being explicitly programmed. The programs and machines that are equipped with this path-breaking technology have been producing creative works that have given rise to one of the major research questions of this article: “Who owns the rights over intelligent machine-created works?” This article has tried to answer this question by interpreting the copyright laws of different jurisdictions from an authorship and ownership perspective. Secondly, it provides an analysis of the case law of different jurisdictions that have defined copyright ownership and authorship with respect to machine-generated works. Additionally, this article sheds some light on different arguments and expert opinions in relation to the authorship and ownership aspects of works generated by artificial intelligence systems. Finally, this article provides the author’s opinions and recommendations in relation to the issue and proposes a future model for the protection of creative works generated by intelligent machines.

Keywords: Artificial Intelligence, Australia, Authorship, Comparative Law, Computer-Generated Works, Copyright, EU Law, Ownership, United States

Suggested Citation

Devarapalli, Pratap, Machine Learning to Machine Owning: Redefining the Copyright Ownership from the Perspective of Australian, US, UK and EU Law (November 1, 2018). Pratap Devarapalli, (2018). Machine Learning to Machine Owning: Redefining the Copyright Ownership from the perspective of Australian, US, UK and EU law, European Intellectual Property Review, 40 (11), 722-728. Available at SSRN: https://ssrn.com/abstract=3293518

Pratap Devarapalli (Contact Author)

University of Tasmania, Faculty of Law, Center for Law and Genetics ( email )

Hobart
Australia
+61466639549 (Phone)

HOME PAGE: http://www.utas.edu.au/profiles/staff/law/pratap-devarapalli

Queensland University of Technology - Faculty of Law ( email )

Gardens Point
2 George St
Brisbane, 4000
Australia
0466639549 (Phone)

World Intellectual Property Organization (WIPO) ( email )

34, chemin des Colombettes
Geneva, CH-1211
Switzerland

Institute of Intellectual Property

5th floor, Seiko Takebashi Kyodo Building, 3-11
Kanda-Nishikicho, Chiyoda-ku
Tokyo, 101-0054
Japan

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