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57 IDEA 431 (2016-2017)
Artificial Intelligence and the Copyright Dilemma

handle is hein.journals/idea57 and id is 449 raw text is: 

431


          ARTIFICIAL INTELLIGENCE AND THE
                          COPYRIGHT DILEMMA

                                       KALIN HRISTOV

ABSTRACT

       Authorship of copyrightable works has been a hotly
contested issue in the American legal system for over 200
years. With the recent boom of artificial intelligence, more
and more creative works have been the result of non-human
authors. Computer algorithms and learning machines have
become  a new source of creativity. The U.S. Copyright
Office, however, has  been  slow  to acknowledge  the
significance of Al in the creative process by denying
copyrights of non-human works and releasing them into the
public domain.   This paper addresses the issue of IP
ownership of Al generated works.  It argues that giving
authorship to Al programmers and owners is essential to the
future development of the Al industry. The paper proposes
that instead of redefining authorship to include non-
humans,  it is simply necessary to reinterpret the terms
''employee and employer in the made for hire doctrine of
the U.S. Copyright Act. This reinterpretation would allow
the current IP system to continue promoting the progress of
science and useful arts without a lengthy or controversial
overhaul of the rules and guidelines currently set in place.

                     CONTENTS
Abstract..       .................................... 431
I.  Introduction   ............................... 433
  A.   The Social Impact of Al......... ............. 433
  B.   Al as a Tool of the Human Author .......... 435


Volume 57 - Number  3

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