Artificial Creations: Ascription, Ownership, Time-Specific Monopolies
- URL: http://arxiv.org/abs/2010.00543v1
- Date: Thu, 1 Oct 2020 16:57:40 GMT
- Title: Artificial Creations: Ascription, Ownership, Time-Specific Monopolies
- Authors: Raj Shekhar (Institute of Public Policy, National Law School of India
University, Bengaluru)
- Abstract summary: Highly advanced artificially intelligent systems produce creative products that would ordinarily deserve intellectual property status if created by a human.
The use of artificial creators is likely to become a part of mainstream production practices in the creative and innovation industries sooner than we realize.
This study analyzes what that response ought to look like by revisiting the determinants of intellectual property and critiquing its nature and modes.
- Score: 0.0
- License: http://arxiv.org/licenses/nonexclusive-distrib/1.0/
- Abstract: Creativity has always been synonymous with humans. No other living species
could boast of creativity as humans could. Even the smartest computers thrived
only on the ingenious imaginations of its coders. However, that is steadily
changing with highly advanced artificially intelligent systems that demonstrate
incredible capabilities to autonomously (i.e., with minimal or no human input)
produce creative products that would ordinarily deserve intellectual property
status if created by a human. These systems could be called artificial creators
and their creative products artificial creations. The use of artificial
creators is likely to become a part of mainstream production practices in the
creative and innovation industries sooner than we realize. When they do,
intellectual property regimes (that are inherently designed to reward human
creativity) must be sufficiently prepared to aptly respond to the phenomenon of
what could be called artificial creativity. Needless to say, any such response
must be guided by considerations of public welfare. This study analyzes what
that response ought to look like by revisiting the determinants of intellectual
property and critiquing its nature and modes. This understanding of
intellectual property is then applied to investigate the determinants of
intellectual property in artificial creations so as to determine the intrinsic
justifications for intellectual property rewards for artificial creativity, and
accordingly, develop general modalities for granting intellectual property
status to artificial creations. Finally, the treatment of artificial works
(i.e., copyrightable artificial creations) and artificial inventions (i.e.,
patentable artificial creations) by current intellectual property regimes is
critiqued, and specific modalities for granting intellectual property status to
artificial works and artificial inventions are developed.
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