Michael Kasdan, NYU School of Law, and Brian A. Pattengale, Wiggin and Dana, LLP, are publishing Once Thought Far-Off-In-The-Future Challenges to Copyright Law Posed by Artificial Intelligence Have Arrived: And I for One—Gulp—Welcome Our New Robot Overlords in 58 les Nouvelles--Journal of the Licensing Executives Society (March 2023). Here is the abstract.
While we are still not in the realm of sentient machines, current-day iterations of artificial intelligence (AI) are demonstrating themselves to be potential sources of creativity which are challenging our understanding of authorship in the context of intellectual property. If AI can create new content based upon its “perceptions,” how is that distinct from human authorship and furthermore, how does or how should AI fit into the current U.S. copyright landscape?