71 Tul. L. Rev. 1675 (1996-1997)
Intellectual Property in the Era of the Creative Computer Program: Will the True Creator Please Stand Up

handle is hein.journals/tulr71 and id is 1695 raw text is: Intellectual Property in the Era of the Creative
Computer Program: Will the True Creator
Please Stand Up?
Ralph D. Clifford
Computer scientists, using artificial intelligence techniques such as neural networks, are
enabling computers to independently create works that appear to qualifyforfederal intellectual
property protection. In at least one case, the creator of this kind of program has registered its
output, a series of musical compositions, under his name as author with the United States
Copyright Office. Whether the output of the computer satisfies the statutory and constitutional
requisites for protection is questionable, however The author of this Article argues that the
output of an autonomously creative computer program cannot be protected under the current
copyright and patent laws. Further, he will assert that the statutory infirmity cannot be cured,
as this would violate the Patent and Copyright Clause of the Constitution.
I.    INTRODUCTION .......................................................................... 1676
II.   A BRIEF DESCRIPTION OF THE CREATvITY MACHINE ............. 1677
lII. WHO CAN CLAIM THE INTLEcuAL PROPERTY R GmS
ASSOCIATED WITH WORKS CREATED BY INDEPENDENTLY
CREATIVE COMPurER PROGRAMS? .......................................... 1681
A.    Copyright Law .................................................................. 1681
1. The Current Legal Requirements to Be an
Author of a Work under the Copyright Law .......... 1682
2.    The Current Legal Requirements that the Work
Originate from an Author under the Copyright
Law    ........................................................................... 1686
a. Does the Use of a Compiler Affect Who
Has the Right to Claim Copyright
Protection in the Object Code? .................. 1688
b.    Does the Use of Scott French's Rule-
Based, Artificially Intelligent Book-
,     Associate Professor, Southern New England School of Law. Member of the
Massachusetts, Connecticut, and New York Bars, and a computer software consultant. I
wish to thank Dr. Stephen Thaler of Imagination Engines, Inc. for his technical assistance in
preparing this Article; Gordon Russell and his staff at the Southern New England School of
Law library for tracking down endless materials needed to prepare this Article, and my
colleagues at Southern New England, Irene Scharf and Michael Hillinger, for reviewing the
draft of this Article. Most of all, I want to thank my wife for her support and clarifying
questions as this Article was written.
1675

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