The New A(I)rt Movement and Its Copyright Protection: Immoral or E-Moral?
Christina Varytimidou · GRUR International · 2023
Abstract Artificial intelligence (‘AI’) has left few well-established laws and norms unchallenged, and copyright is not an exception. Nowadays art can be created by algorithms and continental Europe’s copyright law ‒ which inter alia includes Greece ‒ no longer seems fit for purpose, persisting as it does in searching for a human behind each creative outcome. This paper aims to analyse the issues algorithmic generated art brings in terms of copyright protection, and to explain why the current legislation and proposed solutions are inadequate to resolve them. Inspired by a theory already applicable in Germany in certain civil law cases, this paper will then propose a new twofold sui generis right that includes a new, partial e-moral right and a sui generis economic right. The paper will then explain how this proposed sui generis right manages to avoid potential pitfalls from granting legal personhood to AI, while letting humans reap the financial benefits.