Andrea Stazi (U San Raffaele Roma) has posted “Creativity, Authorship and AI” on SSRN. Here is the abstract:
With AI, the relationship between technology and IP is more complex than ever.
The David Guetta example, where AI was used to create lyrics and a voice in the style of Eminem, illustrates a new model of creativity.
This model involves an iterative, dynamic process of 1. conception, 2. prompting, 3. generation, 4. refining, and 5. deployment, where a human plays a crucial role.
However, regulatory approaches around the world are diverging – think of the USPTO guidelines which limit protection to human works v UK protection of computer generated works – and questions arise about how to protect creativity on the one hand and investments on the other.
To craft a balanced IP policy framework, we must carefully reconsider the key features of authorship, the interplay of idea and expression, the essence of creativity and the proper way to protect investments.
Rethinking copyright from this perspective can incentivize both the development and creative application of AI while upholding the fundamental principles of copyright for human authors and promoting broad access to AI-assisted works.