Computer-generated Works under the CDPA 1988

Artificial Intelligence and Intellectual Property (Jyh-An Lee, Reto Hilty & Kung-Chung Liu eds, Oxford University Press, 2021)

The Chinese University of Hong Kong Faculty of Law Research Paper No. 2021-65

20 Pages Posted: 18 Nov 2021

See all articles by Jyh-An Lee

Jyh-An Lee

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: November 5, 2021

Abstract

In some commonwealth jurisdictions, copyright protection extends to computer-generated work. Although many scholars deem the right over computer-generated work to be a neighbouring right, it remains unclear under what circumstances a work is computer-generated. With the increasing application of artificial intelligence (AI), the copyright controversies associated with computer-generated work have become even more complicated. This article focuses on policy and legal issues surrounding the output of AI and the copyright protection of computer-generated work under the Copyright, Designs and Patents Act (CDPA) 1988 in the United Kingdom. The CDPA approach to computer-generated work deviates from the mainstream international copyright practices, where human creativity is essential for authorship and copyright protection. From a policy perspective, it is important to explore whether this deviation can be justified. This article also investigates authorship issues concerning computer-generated works based on case law and its application, particularly who the person making necessary arrangement is and what the necessary arrangement in the AI environment is. Other relevant issues of computer-generated work, such as copyright terms and joint authorship, are analysed as well.

Keywords: intellectual property, copyright, computer-generated work, artificial intelligence, originality, entrepreneurial work

Suggested Citation

Lee, Jyh-An, Computer-generated Works under the CDPA 1988 (November 5, 2021). Artificial Intelligence and Intellectual Property (Jyh-An Lee, Reto Hilty & Kung-Chung Liu eds, Oxford University Press, 2021) , The Chinese University of Hong Kong Faculty of Law Research Paper No. 2021-65, Available at SSRN: https://ssrn.com/abstract=3956911

Jyh-An Lee (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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