Abstract

Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” and the protection of it by copyright law has similarly gained a spotlight recently. This article collects the key arguments against the proposal of such protection. The core elements of copyright law – namely the concept of authorship, originality and moral rights, as well as copyright’s history and incentives – are deeply rooted in an anthropocentric (although not only author-centric) world. Unless paradigm shift in copyright law, the lack of direct human element of an AI-generated output shall lead to the unavailability of copyright protection for these outputs. The paper is an updated version of “From Leonardo to the Next Rembrandt – The Need for AI-Pessimism in the Age of Algorithms”.

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