Burt, Roger; Davies, Colin --- "Software: intellectual property and artificial intelligence" [2018] ELECD 194; in Brown, E.L. Abbe; Waelde, Charlotte (eds), "Research Handbook on Intellectual Property and Creative Industries" (Edward Elgar Publishing, 2018) 241

Book Title: Research Handbook on Intellectual Property and Creative Industries

Editor(s): Brown, E.L. Abbe; Waelde, Charlotte

Publisher: Edward Elgar Publishing

ISBN: 9781786431165

Section: Chapter 20

Section Title: Software: intellectual property and artificial intelligence

Author(s): Burt, Roger; Davies, Colin

Number of pages: 12

Abstract/Description:

Artificial Intelligence systems, capable of developing ideas and of obtaining, assimilating and utilising data, autonomously and independently of human intervention, input or control, are becoming a reality. Such systems have already written books and music and designed patentable inventions. Several human contributors may lay claim to intellectual property created by such AI systems: the creator of the original program, owner/investor, or the operator of the program. However, the arguments against granting them such rights outweigh those in favour, the fundamental problem being that they would not have had any input or involvement in the final work. In the absence of any tangible claim by a human being, are we to leave such rights to fall as orphan works? Or simply deny any protection? We should consider a more revolutionary solution: the grant of legal persona to the AI system, enabling it to possess such rights.