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20 Colum. Sci. & Tech. L. Rev. 1 (2018-2019)

handle is hein.journals/cstlr20 and id is 1 raw text is: AR TIFICIAL A UTHORS THE COLUMBIA SCIENCE & TECHNOLOGY LAW REVIEW VOL. XX STLR.ORG FALL 2018 ARTICLE ARTIFICIAL AUTHORS: A CASE FOR COPYRIGHT IN COMPUTER-GENERATED WORKSt Nina I. Brown* For years, computers have dominated humans at chess, poker, and even Jeopardy!. Now, they are competing in the arts. Increasingly sophisticated artificial intelligence is creating music, art, and stories. Though the purpose of copyright law is to encourage this exact type of artistic production, none of these works are protected, because the United States Copyright OJfice has determined that only humans can author copyrightable works. This requirement-not mandated by the Constitution or Congress was developed in an era where computer-generated creativity worth protecting was simply unimaginable. But years have passed, technology has advanced, and machines are now capable of developing dynamic and even award-winning creative works. Instead ofaccepting that the law must lag behind technology, this Article explores whether copyight law can-and should evolve. I. Introduction .................................... 2 II. The Future Is Now: Computers Are Making Art.................7 A. The Technology Driving Creativity ....... ...........7 B. The Fruits of the Fruits of Tech Labor ... . ..............9 t This article may be cited as http://www.stlr.org/cite.cgi?volume=20&article=brown. This work is made available under the Creative Commons Attribution-Non-Commercial-No Derivative Works 3.0 License. * Assistant Professor, S.I. Newhouse School of Communications; J.D. Cornell Law School; B.S. Syracuse University. For their thoughtful comments and feedback, I am grateful to Lauryn Gouldin and the faculty who provided feedback on an earlier draft of this article at a Syracuse University Law School workshop. Thank you also to the editors of the Columbia Science and Technology LawReviewfor excellent editorial assistance. 20 18 ] 1

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