Research Handbook on Intellectual Property and Creative Industries
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Research Handbook on Intellectual Property and Creative Industries

Edited by Abbe E.L. Brown and Charlotte Waelde

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
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Chapter 20: Software: intellectual property and artificial intelligence

Roger Burt and Colin Davies

Abstract

Artificial Intelligence systems, capable of developing ideas and of obtaining, assimilating and utilising data, autonomously and independently of human intervention, input or control, are becoming a reality. Such systems have already written books and music and designed patentable inventions. Several human contributors may lay claim to intellectual property created by such AI systems: the creator of the original program, owner/investor, or the operator of the program. However, the arguments against granting them such rights outweigh those in favour, the fundamental problem being that they would not have had any input or involvement in the final work. In the absence of any tangible claim by a human being, are we to leave such rights to fall as orphan works? Or simply deny any protection? We should consider a more revolutionary solution: the grant of legal persona to the AI system, enabling it to possess such rights.

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