The advent of Artificial Intelligence (AI) as an “autonomous author” urges the law to rethink authorship, originality, creativity. AI-generated artworks are in search of an author because current copyright laws offer as a solution only public domain or fragile regulatory mechanisms. During the 20th century visual artists have been posing persistent challenges to the law world: Conceptual Art favoured legal mechanisms alternative to copyright law. The case of AI-art is, however, different: for the first time the artworld is discovering the prospective of an art without human authors. Rather than preserving the status quo in the law world, policy makers should consider a reformative conception of AI in copyright law and take inspiration from innovative theories in the field of robot law, where new frames for a legal personhood of artificial agents are proposed. This would have a spill-over effect also on copyright regulations.
Gianmaria Ajani is Professor of Law & Art at the University of Turin, Italy and past President of the same University. He has published monographs and articles on Legal Theory, Law and Language, Legal Reforms in post-Socialist Countries. He taught EU Law at UC Berkeley. He is Visiting Professor at the University of Bergen.
Contemporary Artificial Art and the Law Searching for an Author
Abstract Keywords 1 Introduction
2 Artificial Art in Search of an Author
3 Kaleidoscope: Authors and Artworks between Classic Law and the Art World
4 Artificial Authors?
5 “If a Machine Acts as Intelligently as a Human Being Then It Is as Intelligent as a Human Being”
6 Conclusion: “Art Makes Meaning”