A.I. and copyright : are computer-generated works eligible for copyright protection?

Abstract

The rise of Artificial Intelligence has brought with it many challenges to fields traditionally reserved to the human domain. With the development of intelligent machines possessing significant computational abilities, these are now challenging copyright by producing original work which looks as if it were made by a human. These computer-generated works can also capture value and a human audience, with examples, such as paintings and media articles amongst those publicly available. This study will look at whether computer-generated works are eligible for copyright, discussing both the nature of these works and their production as well as rights of exclusive use granted by copyright. The history and the principles of copyright, such as originality and authorship will be analysed, together with their interpretation locally, in the United Kingdom and in the European Union. Arguments in favour of granting copyright protection and those against will be discussed in light of the autonomous and independent nature of intelligent machines producing computer-generated works. This study shall conclude that computer-generated works do not satisfy the requisites for copyright protection and this decision will be substantiated on further analysis of the principles behind copyright and its societal role, beyond being an economic tool or an instrument for protection. Some of the arguments for protection merit further study and limited protection for computer-generated works which is not tantamount to copyright will not be excluded. Following its conclusions, this work recommends that computer-generated works should enter the public domain unless a direct link between the work and a human author can be substantiated.