AI-generated Works and the Notion of Authorship
摘要
Authorship is one of the fundamental requirements within copyright protection. At the same time, it is the primary reason AI-generated worksAI-generated works cannot be protected under current copyright laws. This chapter explores the development of the concept of authorshipAuthorship and tries to answer how it may need to adapt to accommodate generative AIGenerative AI. It begins by examining the historyHistory of authorship in Europe, detailing its shift from prioritising publishers to valuing authorsAuthors’ interests, and the subsequent criticism of the notion of romantic authorshipRomantic authorship. The chapter highlights the challenge generative AI poses to traditional authorship, as romantic authorship typically protects a limited number of authors, while AI-generated works often involve multiple contributorsContributors, including the software. This complexity points out the inadequacy of the romantic authorRomantic author concept in reflecting modern creative practicesCreative practices. Generative AI, along with other collaborative forms of creation, underscores the need for a redefined and more inclusive framework of authorship to accommodate the challenges brought by generative AI and collaborative creation.