Computational creativity—a subdomain of artificial intelligence concerned with systems that replicate or assist human creative endeavors—has been the subject of academic inquiry for decades. Now, with recent improvements in machine learning techniques and the rising popularity of all things AI, computational creativity is a medium for critically and commercially successful works of art. From a 2016 Rembrandt to Jukedeck’s instant music (or muzak?), AI-assisted and AI-driven works are a reality. This raises mind-bending questions about the nature of creativity, the relationship between the artist and the viewer, even the existence of free will. For many lawyers, it also raises a more immediate question: who owns all of this art?
Cyberlaw Clinicians Jess Fjeld and Mason Kortz discuss copyright in AI-generated works, the need for a shared understanding of what is and isn’t up for grabs in a license, and how forward-thinking contracts can prevent AI developers and artists from having their rights decided by our (often notoriously backwards-looking) legal system.
A Legal Anatomy of AI-generated Art: Part I
By Jessica Fjeld and Mason Kortz
21 November 21, 2017