Journal Name: Journal of Intellectual Property Studies

Volume Number: 6

Issue Number: 2

Abstract:

The limitless potential of artificial intelligence (AI) to analyse information, execute complex tasks, create and invent, has yet to be fully comprehended or harnessed. At the same time, the laws regulating the behaviour and output of AI systems are also lagging behind. Much has been written on whether AI-generated works should receive copyright protection with different perspectives on elements of originality, creativity and broader policy considerations. This article compares the approaches in a number of jurisdictions and contends that AI today essentially acts as an amanuensis –an assistant or agent – that carries out the creative plan that has been programmed and assigned to it. In the exceptional circumstances that AI arguably creates a work as a result of independent and autonomous deep learning, recognition of “authorship” must nonetheless be satisfied by the location of a nexus to a human individual; otherwise, such works receive no copyright protection. In conclusion, we propose an evaluative framework that recognises both the centrality of the creativity of the human author in the canons of copyright law and the constantly evolving marvels of modern technology.