Who would get the Copyright if AI Starts Writing Books?

Authors

  • Melissa Joseph

DOI:

https://doi.org/10.37591/jiprl.v5i1.1085

Keywords:

Legal persons, Copyright, rights, duties, Artificial Intelligence

Abstract

Artificial intelligence is becoming more advanced and can generate content with little human input. Artificial intelligence (AI)-related technological developments have produced tools and systems that can create original content for various media. The field of intellectual property is now facing some intriguing problems due to this evolution, not the least of which is how to assign authorship to works made by artificial intelligence. This article first analyses if AI can be considered a legal person. The article also discusses the prevalent issues that can be brought up concerning conferring legal status to AI. The paper aims to analyze the legal discrepancies about granting copyright to AI-created works and the legal stance surrounding the same.

References

Robert Garner, Political Ideology and the Legal Status of Animals, Animal Law, 2002, 77, 79–80

Sodesaki K, The legal status of a human corpse, The Japanese Journal of Legal Medicine, 2001, 55(2), 235–242.

In 2017, The Press Association won a €706,000 Google grant to run a news service with computers writing 30,000 local news stories a month with the help of human journalists

5 Samuel R. Bowman, Luke Vilnis, Oriol Vinyals, Andrew M. Dai, Rafal Jozefowicz & Samy Bengio, Generating Sentences from a Continuous Space, 12 May 2016, https://arxiv.org/pdf/1511.06349.pdf, Accessed March 21, 2022

Dom Galeon, The World’s First Album Composed and Produced by an AI Has Been Unveiled, FUTURISM, (21 August 2017), https://futurism.com/the-worlds-first-album-composed-andproduced-by-an-ai-has-been-unveiled, Accessed 23rd March 2022.

Elizabeth Stinson, What Happens When Algorithms Design A Concert Hall? The Stunning Elbphilharmonie, WIRED, (12 January 2017) https://www.wired.com/2017/01/happensalgorithms-design-concert-hall-stunning-elbphilharmonie/,Accessed 23 March 2022.

World Intellectual Property Indicators, WIPO, (2019), https://www.wipo.int/ publications/en/details.jsp?id=4464, Accessed 20 March 2022.

Feist Publications v. Rural Telephone Service Company, Inc., 499 U.S. 340 (1991)

Acohs Pty Ltd v. Ucorp Pty Ltd., (2012) FCAFC 16

See the European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies, https://www.europarl.europa.eu/doceo/document/TA-9-2020-0277_EN.html, Accessed 30 March 2022.

Rupendra Kashyap v. Jiwan Publishing House Pvt. Ltd., 1994 IAD Delhi 1, 1994

Published

2022-11-10