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Intellectual Property,
Technology

Mar. 17, 2023

Determining human creative control in AI-generated works is futile

AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works solely because a human was not involved in their creation, which could hinder the growth and development of AI technologies and may be contrary to the broader goals of copyright law.

Elizabeth Rothman

Attorney
Law Office of Elizabeth Rothman

Rothman currently serves as an emerging technology advisor with The Cantellus Group, an attorney and researcher with The Artificial Inventor Project, and as a policy advisor in blockchain/web3 for the XR Safety Initiative.

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As artificial intelligence (AI) continues to evolve at an exponential pace, so does the discussion surrounding intellectual property rights in AI-generated works. Currently, the United States Copyright Office (USCO) states that it will not register AI-generated works if they lack a human author, even if the works are otherwise copyrightable. Though works generated by AI are eligible for copyright protection in some countries (see Ryan Abbott and Elizabeth Rothman,

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