Copyright ownership challenge arising from AI-generated works of art: A time to stand and stare

Theodoros Chiou · Edward Elgar Publishing eBooks · 2022

With the advent of artificial intelligence, artistic creativity is no longer an exclusive privilege of human authors, as AI systems are able to model several types of human behaviour in terms of computational processes, among which, the creation of artistic works. This chapter explores the copyright ownership challenge related with AI-generated works. It argues that ownership of AI-generated works is a real challenge for the current copyright regime. It assesses the grounds of this challenge, related with the multi-stage and multi-agent algorithmic creative process as well as with the creative autonomy of AI systems. Then it proposes a taxonomy of available options of response towards ownership challenge, as parameterized on the basis of two assumptions: the threshold of autonomy of AI systems and the desirability of privatization of AI-generated works. Last, it supports that this challenge shall be seen as an opportunity to enhance the human-centric approach of copyright law globally.

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