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Can AI Have a Signature: Legal Ownership and Authorship of Creative Materials Involving Artificial Intelligence

Abstract

The question of authorship and legal ownership in AI-generated creative materials has become a contentious issue on an international level. This paper investigates the complexity of attribution of legal copyrights within the framework of the U.S. Copyright Law system and explores potential solutions to this evolving dilemma. The U.S. Copyright Law, rooted in the protection of inventors' exclusive rights, extends to both authors and owners, intending to safeguard intellectual property in the judicial field. AI-generated works, however, present a unique issue as they blur the lines of authorship in presented works. The U.S. Copyright Office, while expressing interest in addressing these issues, currently rejects applications attributing AI as the primary creator due to historical legal precedents, marking uncertainty with both creators and the general public about the future of commercialized AI-generated works. This paper highlights the intricate legal and philosophical questions surrounding AI and copyright law, emphasizing the need to carefully consider the roles and responsibilities of both AI and its users in the creative process. As AI technology continues to evolve, these debates will shape the future of copyright law's application to AI-generated works. The current application of AI in the creative process does fit within the U.S. Copyright Law, but with further evolution, the scope of human involvement could be reduced.

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