Original but not human: Assessment of the philosophical foundations for granting copyright to Artificial Intelligence creations

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Abstract

This article examines the philosophical principles behind copyright laws and evaluates how they apply to AI-generated content. First, the philosophical justifications of property are revisited, which encompasses intellectual property and copyright as specific forms of property. The second part evaluates how well AI-generated content fits these justifications, making special emphasis on the difficult case of automated AI-generated content. The general conclusion argues in favor of granting copyright for human-driven AI-generated content, while traditional justifications of property are insufficient to deny such rights to automated AI-generated content. A utilitarian approach to intellectual property and copyright provides a better foundation for denying copyright to automated AI works.

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