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CCLS colleagues at Queen Mary University of London
This article aims to contribute to the copyright debate concerning Artificial Intelligence (‘AI’) creations. AI-created works could and should be protected by copyright law. However, existing answers to the issue of allocation of authorship remain somewhat unsatisfactory. A reasonable and practical solution to this issue, fortunately, could be established upon the doctrine of ‘authorship transfer’ (the initial transfer of authorship from the actual creator to a constructive author) in modern copyright law. The ‘control of the creative process’ theory can provide a reasonable and justifiable explanation of ‘authorship transfer’. The person, either a natural or a juridical one, who has exercised sufficient control over the creative process, should be constructed as an author of the outcome. This theory is quite flexible before the ever-changing AI technology that challenges copyright law. For AI-created works, the authorship is better transferred to a person behind the AI who had control over the creative process in order to safeguard the current copyright system and its founding principles.
Anne Peters, Heike Krieger and Leonhard Kreuzer
As a standard bridging law and other spheres of normativity, due diligence is pervasive across numerous areas of international law. This paper defines the features and functions of due diligence, illustrating how the concept's development reflects structural changes in the international legal order. Concerning their content, due diligence obligations can be separated into two overlapping types: procedural obligations and obligations relating to States' institutional capacity. Thus, due diligence serves to manage risks, compensate for States' freedoms being circumscribed through legalisation, expand State accountability and possibly stabilise the international order through ‘proceduralisation’. However, it is argued that due diligence cannot be characterised as a general principle of international law due to its diverse content in different fields of international law and its dependence on accompanying primary rules. Finally, it is contended that due diligence introduces certain risks, particularly by diluting States' substantive obligations and contributing to the rise of ‘informal’ international law.