A Case For the AI-Driven Public Domain

Abstract

Artificial intelligence (AI) technology is becoming more advanced and capable by the day. In recent years, there has been discourse across industries and disciplines about AI and the role it is and will increasingly play in innovation in the arts and sciences. AI is already being used to create original artwork, play games, and drive cars, among many other things. Given the continuous advancements in AI, it is important that a decision is made regarding the treatment of AI-driven creation under the United States intellectual property (IP) regimes, most notably under copyright law. A major argument among legal scholars and technologists is that not granting copyright for these AI-driven works will disincentive innovation and investment in the AI space and is therefore not in our country’s best interest. Others argue that AI-driven creation is incompatible with the economic and policy considerations behind copyright law and that including AI-driven creations would, at best, require a fundamental redefinition of copyright and, at worst, destroy the incentives for human-driven creation that spurred the creation of copyright law in the first place. This paper explores the legal standards and practicality of protecting AI-created works under copyright law. Copyright law seeks to promote innovation in art and culture by granting limited monopoly protections for “original works of authorship.” This paper explores the values, intentions, legal standards, and practical application of copyright law and examines the tensions that exist when applying them to AI-created works. I conclude that the public domain is the most appropriate place for AI-created works to be in the copyright regime.