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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: 


                 THE COLUMBIA


                     LAW REVIEW

 VOL. XX                    STLR.ORG                     FALL  2018



                          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 ]


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