AI©R

Abstract

ABSTRACTOn 25 October 2018, Christie’s sold a rather interesting and mysterious work. However, in contrast to the works that this auction house tends to sell, Portrait of Edmond Belamy was created by an Artificial Intelligence (AI). This and other similar creations have been in the middle of academic and regulatory discussions relating to the nature of Intellectual Property Rights (IPRs) that could result from them. Unfortunately, these discussions tend to present ideas in absence of transitions among markets and/or a lack of proper understanding of certain IPRs like those related to derivative works. Based on these elements, the present document aims to present a proposal built upon a hypothetical AI Copyright (AI©R). To develop this latter, we focused our attention on the plastic arts market and employed the analysis of market imperfections under the light of a right that tends to be overlooked by artists, scholars and lawyers alike: the Droite de Suite (DDS). Building upon the analysis of this right, the AI©R has been structured as a ‘label’ aimed to address market imperfections, and to recognize the ‘moral’ right of the AI and the economic rights of the individuals and/or companies that could be empowered to claim them.