IBM

Don’t Pay the Tool: Artificial Intelligence is a Creative Tool, Not a Creative Entity

By: Daniel Norton, Summer Blogger

https://pixabay.com/en/anatomy-biology-brain-thought-mind-1751201/In the past decade, Artificial Intelligence (A.I.) has been used to create artistic works as well as news articles. For example, A.I. has created works which can imitate famous artists such as Rembrandt van Rijn, as well as generating articles for newspapers like The Washington Post. These recent innovations have led some people to ask whether A.I. should be eligible to receive a copyright for its creations. Current Copyright Law does not classify A.I. works as copyrightable creations, however, A.I. might one day achieve a level of intelligence to warrant such accreditation to be protected under United States Copyright Laws.

Since 1973, it has been the official policy of the United States Copyright Office to deny any copyright claims if the work was not created by a human being. In fact, The Compendium of U.S. Copyright Office Practices states that in order for a work to be eligible for copyright protection, it must be “created by a human being.” In one instance, the 9th Circuit Court of Appeals seems supported the requirement that a human must be the creator for a work to receive copyright protection. In the case Naruto v. Slader, the court denied the monkey, Naruto, standing to bring an action under the Copyright Act. This holding from one of the primary goalsof Intellectual Property Law: to benefit society by incentivizing innovation by allowing creators and innovators the right to profit from their creations for a set period. Continue reading »