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Do androids dream of electric copyright

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Presented at Gikii 2015, Berlin

Published in: Law
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Do androids dream of electric copyright

  1. 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. 2. L O O K ! A C AT !
  3. 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
  4. 4. A I A R T
  5. 5. 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
  6. 6. “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.”
  7. 7. AVA
  8. 8. D E E P D R E A M
  9. 9. 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.”
  10. 10. I M I TAT I O N O R C R E AT I O N ?
  11. 11. 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.
  12. 12. T H E L A W
  13. 13. 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.”
  14. 14. 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)
  15. 15. 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.”
  16. 16. 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.”
  17. 17. 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.”
  18. 18. 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…
  19. 19. @ T E C H N O L L A M A "I'm sorry Dave, I'm afraid I can't do that"

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