Artificial Intelligence: painting the bigger picture for copyright ownership

Courtney White*, Rita Matulionyte

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review


To receive copyright protection in Australia works must be original, among other requirements. The originality standard involves "independent intellectual effort" that originates from an actual person. The reality of today's creativity domain is that works are not always originating from actual persons. Due to impressive advancements in technology, some works are being created by artificial intelligence (AI). These works cannot meet copyright requirements under current law and subsequently do not receive copyright protection. This article endeavours to answer a two-tiered question raised by the challenges AI works pose for traditional concepts of copyright. First, should copyright subsist in works created by AI? Second, who would possibly be the copyright owner for such works? Answering these questions involves a discussion of utilitarian and natural rights theories and references to United States and United Kingdom discussions on the conversation around copyright and AI.

Original languageEnglish
Pages (from-to)224-242
Number of pages19
JournalAustralian Intellectual Property Journal
Issue number4
Publication statusPublished - 2020


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