Artificial Creativity? A Case Against Copyright Protection for AI-Generated Works

Dec 29, 2021

Patrick Zurth

Today, many areas of our daily lives are determined by artificial intelligence (AI). Machines program software, translate texts rapidly, create beautiful images, and design fashion efficiently. They are capable of superhuman performances. Furthermore, machines make the impression of boundless creativity. AI’s achievements in traditional areas of copyright subject matters inevitably raise the question of legal protection through an exclusive right. This Article begins by exploring AI technology’s various accomplishments (Introduction). Then, in Part I, it outlines the legal status quo with respect to those developments. And Part II discusses potential copyright protection, mainly from the perspective of creativity. Finally, Part III, IV, and V address other arguments regarding copyright protection for AI products, such as the economic aspects of incentive and market failure. This Article contemplates the issue from an international perspective and concludes that neither copyright nor other similar protection rights, i.e. sui generis rights (which already exist for different subject matters, for example, in Europe), should be implemented. This finding holds true regardless of the legal jurisdiction, may it be common law or civil law.