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53 UC Davis L. Rev. 2655 (2019-2020)
Copyright Infringement in AI-Generated Artworks

handle is hein.journals/davlr53 and id is 2676 raw text is: NOTE Copyright Infringement in Al-Generated Artworks Jessica L. Gillotte* TABLE OF CONTENTS INTRODUCTION .................... 2657 1. INTERACTIONS BETWEEN ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW ...................................... 2659 A. Overview of AI, Machine Learning, and Artificial Neural Networks ..................................... 2660 B. Aspects of Copyright Law Relevant to Al-Generated Works....................................... 2665 1. Copyrightable Subject Matter .................. 2666 2. Ownership of the Copyright .................. 2666 II. THE LEGAL STATUS OF Al-GENERATED WORKS REMAINS UNCERTAIN ........................................... 2669 A. Creating Intermediate Reproductions Is Not a Non- Infringing Operational Use of Copyrighted Works........ 2672 B. There Is Uncertainty as to Whether Intermediate Reproductions in CNNs and the GAN's Discriminative Model Constitute Copies Under Copyright Law ............... 2673 1. Seventh, Ninth, and D.C. Circuits: Mere Downloading of an Unauthorized Reproduction onto a Computer Creates an Infringing Copy ......... 2674 Copyright @ 2020 Jessica L. Gillotte. J.D., 2020, University of California, Davis, School of Law; B.A., 2014, University of California, Berkeley. I am deeply grateful to Professors Elizabeth L. Rosenblatt, William S. Dodge, and Menesh S. Patel for their advice, guidance, and encouragement during the process of writing this Note. Thank you to Dillon Jackson for his thoughtful comments and fantastic editing, to the editors and members of the UC Davis Law Review for their tireless work, and to Sue Jones for her brilliance. Thank you also to my parents and sister for their unending support. 2655

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