"Pay no attention to that man behind the curtain!": copyright, authorship and Artificial Intelligence

Research output: Contribution to journalArticlepeer-review

Abstract

This article questions the assumed rigidity of copyright law's concept of authorship in the face of Artificial Intelligence (AI). The first part argues that framing AI systems in anthropomorphic terms obscures the valuable input of those who conceive, create, and operate them (by drawing attention to the “Wizard” rather than those pulling the strings). The second part re-examines the application of copyright's authorship and joint authorship doctrines to creative processes involving AI, focussing on the input of those “behind the curtain”. Five significant doctrinal challenges human contributors face in establishing authorship are considered. In relation to each challenge, I uncover and explore more flexible and inclusive interpretations of the law than are commonly admitted. The article concludes by proposing that to meet the challenges of the digital age, copyright law needs to rediscover its heart, brains, and courage.
Original languageEnglish
Pages (from-to)120-139
Number of pages20
JournalAustralian Intellectual Property Journal
Volume33
Issue number3
Publication statusPublished - May 2023

Keywords

  • Artificial Intelligence
  • copyright law
  • Wizard of Oz
  • law and technology
  • Authorship
  • collaboration

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