Article
Machine as Author.pdf
Iowa Law Review
(2020)
Abstract
The use of Artificial Intelligence (“AI”) machines using deep
learning neural networks to create material that facially looks like it should
be protected by copyright is growing exponentially. From articles in national
news media to music, film, poetry and painting, AI machines create material
that has economic value and that competes with productions of human
authors. The Article reviews both normative and doctrinal arguments for and
against the protection by copyright of literary and artistic productions made
by AI machines. The Article finds that the arguments in favor of protection
are flawed and unconvincing and that a proper analysis of the history,
purpose, and major doctrines of copyright law all lead to the conclusion that
productions that do not result from human creative choices belong to the
public domain. The Article proposes a test to determine which productions
should be protected, including in case of collaboration between human and
machine. Finally, the Article applies the proposed test to three specific fact
patterns to illustrate its application.
Keywords
- artificial intelligence,
- copyright,
- authors,
- creativity
Disciplines
Publication Date
Summer 2020
Citation Information
Daniel Gervais. "Machine as Author.pdf" Iowa Law Review Vol. 105 (2020) p. 2053 - 2016 Available at: http://works.bepress.com/daniel_gervais/102/