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71 Fla. L. Rev. 217 (2019)
What If Artificial Intelligence Wrote This: Artificial Intelligence and Copyright Law

handle is hein.journals/uflr71 and id is 225 raw text is: WHAT IF ARTIFICIAL INTELLIGENCE WROTE THIS? ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW Victor M. Palacet * Abstract The increasing sophistication and proliferation of artificial intelligence has given rise to a provoking question in copyright law: Who is the copyright owner of a work created by autonomous artificial intelligence? In other words, when a machine learns, thinks, and acts without human input, and it creates a work, what person should own the copyright, if any? This Note explains why this is a pressing question and why current laws and practices fail to address the issue. It then analyzes the arguments for and against the possible choices: the artificial intelligence, the user, the programmer, the company that owns the artificial intelligence, and entrance into the public domain. Finally, this Note arrives at the conclusion that the work's immediate entrance into the public domain is the solution. INTRODUCTION ..................................................................................... 218 I. CONGRESS OR THE FEDERAL COURTS WILL SOON BE REQUIRED TO SAY WHO OWNS THE COPYRIGHT FOR WORKS MADE BY AUTONOMOUS ARTIFICIAL INTELLIGENCE ........................................................................ 220 A. The Sophistication ofArtificial Intelligence Will Continue to Increase ............................................... 220 B. Works Created by Artificial Intelligence Are E veryw here ..................................................................... 222 II. CURRENT COPYRIGHT LAWS FAIL TO ADDRESS THE QUESTION OF COPYRIGHT OWNERSHIP FOR WORKS MADE BY AUTONOMOUS ARTIFICIAL INTELLIGENCE ............. 225 A. Congress and the Federal Courts Have Yet to Address Autonomous Artificial Intelligence ............... 225 B. The Copyright Office's Human Authorship Requirement Fails to Properly Address Autonomous Artificial Intelligence ................................. 226 f Editor's Note: This Note won the Gertrude Brick Prize for the best Note in Spring 2018. * J.D., University of Florida Levin College of Law 2019; B.S. Electrical and Computer Engineering, University of Colorado Boulder 2016. All my accomplishments are a result of tremendous support from my friends and family, to whom I dedicate this Note. I am also grateful to my Note advisor, Professor Hannibal Travis, for guiding me in writing this Note.

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