Presented at Gikii 2015, Berlin

1. D O A N D R O I D S D R E A M O F
E L E C T R I C C O P Y R I G H T ?
D R A N D R E S G U A D A M U Z

2. L O O K ! A C AT !

3. A R T I F I C I A L I N T E L L I G E N C E A R T I N
C U LT U R E

10. A I A R T

11. C O M P U T E R
PA I N T E R S
• Aaron
• e-David
• The Painting Fool
• Ava
• Deep Dream
• The idea is not to have a
computer pretending to be an
artist, as is the case now, but
rather have a creative artist in its
own right

13. “The completed portrait is a rich and intimate
study of a man’s unique vision, his materials, and
his inevitably flawed execution of outwardly
conveying that internal vision to others.”

14. AVA

16. D E E P D R E A M

19. B E N D AV I E S
““Of course it’s art! There’s no limit to what you
can classify as “art.” The question is only ever
whether it’s good art. And people seem to be very
amused by it.”

21. I M I TAT I O N O R C R E AT I O N ?

22. W H AT I S
G O I N G O N ?
• Is it really AI?
• Filters.
• Application of learning
algorithms and machine
learning.
• Pre-selected levels of
abstraction dependent on
parameters.

23. T H E L A W

24. C D PA U K
• S 9(3) “In the case of a literary, dramatic, musical or
artistic work which is computer-generated, the author
shall be taken to be the person by whom the
arrangements necessary for the creation of the work
are undertaken.”

25. H O W E V E R …
• UK law is exception, most other jurisdictions still rely
on originality tests.
• In Europe a work is original if it is “author’s own
intellectual creation reflecting his personality”.
Directive 2006/116/EC.
• Choice, selection of elements, composition, all may
prove originality. (Infopaq)

26. B A LT I M O R E O R I O L E S V. M L B P L AY E R S
A S S O C I AT I O N ( 1 9 8 6 )
• “It is important to distinguish among three separate
concepts—originality, creativity, and novelty. A work is
original if it is the independent creation of its author. A
work is creative if it embodies some modest amount of
intellectual labor. A work is novel if it differs from
existing works in some relevant respect. For a work to
be copyrightable, it must be original and creative, but
need not be novel.”

27. U S C O P Y R I G H T O F F I C E
• “In order to be entitled to copyright registration, a work
must be the product of human authorship. Works
produced by mechanical processes or random selection
without any contribution by a human author are not
registrable. Thus, a linoleum floor covering featuring a
multicolored pebble design which was produced by a
mechanical process in unrepeatable, random patterns, is
not registrable. Similarly, a work owing its form to the
forces of nature and lacking human authorship is not
registrable; thus, for example, a piece of driftwood even if
polished and mounted is not registrable.”

28. N O N - H U M A N
C O P Y R I G H T
( A G A I N )
• PETA is trying to get
Naruto (the macaque ape)
declared as the selfie’s
author.
• “Copyright law is clear: It’s
not the person who owns
the camera, it’s the being
who took the
photograph.”

29. O P T I O N S F O R N O N - H U M A N
C O P Y R I G H T L A W
• No copyright due to no originality/creativity
• Make UK’s approach more widely used.
• “copyright laws . . . do not expressly require ‘human’
authorship.” Urantia Foundation v. Maaherra (1997).
• AI person rights…

30. @ T E C H N O L L A M A
"I'm sorry Dave, I'm afraid I can't do that"