Artificial Intelligence and Intellectual Property: An Economic Perspective

Cuntz, Alexander; Fink, Carsten; Stamm, Hansueli

doi:10.2139/ssrn.4858320

2024

DOI: 10.2139/ssrn.4858320

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Artificial Intelligence and Intellectual Property: An Economic Perspective

Alexander Cuntz,

Carsten Fink,

Hansueli Stamm

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Judging creativity in AI-generated art: Chinese and Western perspectives on originality in copyright law

Matias,

Chen

2024

International Journal of Legal Discourse

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The desire to translate mental images into tangible forms has been intrinsic to human civilisation since its inception and has evolved through various mediums. The advent of artificial intelligence (AI) image generators has complicated the relationship between creative ideas and their expression, introducing a third-party intermediary labelled “AI” that blurs traditional distinctions between creator and tool. Legal decisions on whether AI-generated outputs merit copyright protection have rekindled discussions on originality, with courts grappling over the threshold of creativity required for protection. Initial rulings have taken divergent paths; some disconnect human creativity from AI output, while others acknowledge AI’s potential for novel creative expression, as exemplified by the Li v Liu decision in the Beijing Internet Court. This article contextualises and analyses this decision, sparking broader debates on the interplay between human creativity and AI, the arguments of incentive and justice, and the necessity of re-evaluating copyright frameworks to accommodate AI’s role. It proposes a nuanced understanding of collaboration that recognises AI’s contributions, allowing for distinctions between levels of human creativity and forms of artistic expression.

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Judging creativity in AI-generated art: Chinese and Western perspectives on originality in copyright law

Matias,

Chen

2024

International Journal of Legal Discourse

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show abstract

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Artificial Intelligence and Intellectual Property: An Economic Perspective

Cited by 1 publication

References 37 publications

Judging creativity in AI-generated art: Chinese and Western perspectives on originality in copyright law

Judging creativity in AI-generated art: Chinese and Western perspectives on originality in copyright law

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