Artificial Creativity? A Case Against Copyright Protection for AI Generated Works

UCLA Journal of Law & Technology, published at https://uclajolt.com

22 Pages Posted: 19 Nov 2020 Last revised: 25 Mar 2021

See all articles by Patrick Zurth

Patrick Zurth

Ludwig Maximilian University of Munich (LMU)

Date Written: March 25, 2021

Abstract

Today, many areas of our daily lives are determined by artificial intelligence (AI). Machines program software, translate texts rapidly, create beautiful images, and design fashion efficiently. They are capable of superhuman performances. Furthermore, machines make the impression of boundless creativity. AI’s achievements in traditional areas of copyright subject matters inevitably raise the question of legal protection through an exclusive right. This Article begins by exploring AI technology’s various accomplishments. Then, it outlines the legal status quo with respect to those developments and discusses potential copyright protection, mainly from the perspective of creativity. Finally, it address other arguments regarding copyright protection for AI products, such as the economic aspects of incentive and market failure. This Article contemplates the issue from an international perspective and concludes that neither copyright nor other similar protection rights, i.e. sui generis rights (which already exist for different subject matters, for example, in Europe), should be implemented. This finding holds true regardless of the legal jurisdiction, may it be common law or civil law.

Keywords: Copyright, IP, Artificial Intelligence, AI, Creativity, Computer-generated works, The next Rembrandt, AI works, Anthropocentric

Suggested Citation

Zurth, Patrick, Artificial Creativity? A Case Against Copyright Protection for AI Generated Works (March 25, 2021). UCLA Journal of Law & Technology, published at https://uclajolt.com, Available at SSRN: https://ssrn.com/abstract=3707651

Patrick Zurth (Contact Author)

Ludwig Maximilian University of Munich (LMU) ( email )

Geschwister-Scholl-Platz 1
Munich, DE Bavaria 80539
Germany

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