Contradictions of Computer-Generated Works’ Protection
Abstract
Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between works which are computer-aided and computer-assisted. If the computer somehow transcends its role as a tool in such a way that the purported human author cannot claim he created the output, we are dealing with computer-generatedor emergent works. Such apparently creative outputs are not protectable as a matter of the American copyright law – or the law of the European Union. They may, however, be protectable in the United Kingdom (UK), whose legislators provided protection to computer generated works at the expense of statutory consistency and doctrinal coherence.
Repository Citation
Blaszczyk, Mateusz, "Contradictions of Computer-Generated Works’ Protection" (2023). Popular Media. 334.
https://digitalcommons.law.uga.edu/fac_pm/334
Published in Kluwer Copyright Blog (Nov. 6, 2023).