A Note by Diana Bikbaeva
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Artificial intelligence (AI) is no longer confined to science fiction terms. From self-driving cars[1] and contract reviewing software[2] to automatic novel writers[3] and artists,[4] AI increasingly infiltrates our lives, creating monetary value[5], purportedly taking jobs,[6] and becoming of undoubtedly growing interest to businesses. While being itself copyrightable, AI has become capable of creating works “of its own.” AI has become capable of writing creative songs[7] and making original paintings.[8] Such works would be undisputedly subject to copyright if created by human authors. With the economic potential in such works,[9] a question arises about the legal regime of works created by AI. Namely, who (if anyone) should take credit for and hold copyright in AI-created works?
[1]. See Tesla, Autopilot, Tesla.com, https://www.tesla.com/autopilot (last visited April 11, 2020).
[2]. See Beverly Rich, How AI is Changing Contracts, Harvard Business Review, https://hbr.org/2018/02/how-ai-is-changing-contracts (last visited April 11, 2020).
[3]. See Adario Strange, Japanese Team Helps A.I. Program Pass First Round of Novel Writing Contest, Mashable, https://mashable.com/2016/03/26/japan-a-i-novel/ (last visited April 11, 2020).
[4]. See ING, The Next Rembrandt, https://www.nextrembrandt.com (last visited April 11, 2020).
[5]. See Gil Pres, 63% Of Executives Say AI Leads To Increased Revenues And 44% Report Reduced Costs, Forbes,
https://www.forbes.com/sites/gilpress/2019/11/29/63-of-executives-say-ai-leads-to-increased-revenues-and-44-report-reduced-costs/#7ba4b47914b3 (last visited April 11, 2020). The first AI work sold at Christie’s for $432,500, see Is Artificial Intelligence set to Become Art’s Next Medium? Christie’s, https://www.christies.com/features/A-collaboration-between-two-artists-one-human-one-a-machine-9332-1.aspx (last visited April 11, 2020).
[6]. See Gil Pres, Is AI going to be a Jobs Killer? New Reports About the Future of Work, Forbes,
https://www.forbes.com/sites/gilpress/2019/07/15/is-ai-going-to-be-a-jobs-killer-new-reports-about-the-future-of-work/#1b56cef3afb2 (last visited April 11, 2020).
[7]. See Shimon: Now a Singing, Songwriting Robot, Georgia Tech, https://www.news.gatech.edu/2020/02/25/shimon-now-singing-songwriting-robot (last visited April 11, 2020).
[8]. See A ‘New’ Rembrandt: From The Frontiers Of AI And Not The Artist’s Atelier, All Things Considered, https://www.npr.org/sections/alltechconsidered/2016/04/06/473265273/a-new-rembrandt-from-the-frontiers-of-ai-and-not-the-artists-atelier (last visited April 11, 2020).