This Note proceeds in four parts. Part I examines the meaning of authorship within the context of copyright law; it explores the current definition of authorship, how that definition continues to evolve, and the distinction between the American understanding of the term “author” compared to the European perspective. Part II discusses the concept of creativity and considers whether non-humans are capable of being creative in the first place. Part III provides a brief historical introduction to the development of AI and demonstrates that such technology is capable of satisfying the requirements necessary for copyright protection. Finally, Part IV proposes a solution for how AI could be regulated if the Copyright Act was amended to include it.
Supplement Note
Published in : Cardozo Arts & Entertainment Law, vol. 38, no. 1 (2020)