The Interpretation of Personhood: AI and Its Inability to Copyright Works of 'Original' Character

Abstract

In a pivotal legal ruling in the United States, dated August 18th, 2023, a federal judge upheld the stance of the U.S. Copyright Office that artworks generated by artificial intelligence (AI) lack eligibility for copyright protection. This ruling has ignited a critical discourse on the enduring significance of human authorship within copyright jurisprudence. Nevertheless, the decision carries inherent inconsistencies, a viewpoint bolstered by the Sara Silverman Lawsuit Against OpenAI. This paper delves into into the complex intersection of artificial intelligence (AI) and intellectual property law, specifically focusing on the inability of AI systems to secure copyright protection for works featuring "original" characters. As AI technology evolves, it has become increasingly capable of generating creative content, including written works, art, and music, often blurring the lines of authorship. However, current copyright frameworks predominantly recognize human authors as the creators of original content, raising fundamental questions about the personhood and legal status of AI-generated characters and their creators. Through a comprehensive examination of legal precedents, ethical considerations, and emerging AI capabilities, this paper explores the challenges posed by AI-generated content to copyright law and advocates for a re-evaluation of copyright principles to accommodate the changing landscape of creative expression in the digital age. Additionally, it addresses the implications of AI's inability to hold copyrights, such as potential disincentives for AI innovation and the need for alternative mechanisms to protect AI-generated works and their creators in an equitable and ethical manner.