Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?

Hugenholtz, P. & Quintais, J.
IIC - International Review of Intellectual Property and Competition Law , vol. 52, num: 9, pp: 1190-1216, 2021

Abstract

This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.

Artificial intelligence, Auteursrecht, frontpage

Bibtex

Article{Hugenholtz2021d, title = {Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?}, author = {Hugenholtz, P. and Quintais, J.}, url = {https://link.springer.com/article/10.1007/s40319-021-01115-0}, doi = {https://doi.org/https://doi.org/10.1007/s40319-021-01115-0}, year = {1007}, date = {2021-10-07}, journal = {IIC - International Review of Intellectual Property and Competition Law }, volume = {52}, number = {9}, pages = {1190-1216}, abstract = {This article queries whether and to what extent works produced with the aid of AI systems – AI-assisted output – are protected under EU copyright standards. We carry out a doctrinal legal analysis to scrutinise the concepts of “work”, “originality” and “creative freedom”, as well as the notion of authorship, as set forth in the EU copyright acquis and developed in the case-law of the Court of Justice. On this basis, we develop a four-step test to assess whether AI-assisted output qualifies as an original work of authorship under EU law, and how the existing rules on authorship may apply. Our conclusion is that current EU copyright rules are generally suitable and sufficiently flexible to deal with the challenges posed by AI-assisted output.}, keywords = {Artificial intelligence, Auteursrecht, frontpage}, }