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May 12, 2023

Bright Ideas: "Sorry HAL, You Cannot Be an Author! How Much Direction and Control Over Artificial Intelligence Is Needed to Be an Original Work of Authorship?"

Mike Oropallo, Trademarks, Copyrights & Licensing Practice Area co-chair, and Sara Dorchak, counsel, had their “Sorry HAL, You Cannot Be an Author! How Much Direction and Control Over Artificial Intelligence Is Needed to Be an Original Work of Authorship?” article published in Bright Ideas, the New York State Bar Association’s Intellectual Property Section newsletter. The article explores how the use of artificial intelligence affects the copyrightability of works and challenges the definition of an “author.”  

“However, as new technologies are developed, the same question resurfaces—whether works created using these technologies can be considered copyrightable works of original authorship. AI is the most recent example of a technological innovation that has generated questions in all areas of intellectual property, including copyrights, and the scope of protections afforded to works generated using this technology. . . . However, whether that output is copyrightable is the subject of debate today. Is AI a new ‘tool’ that assists human beings in ‘creating’ original works of authorship?”

Mike and Sara concluded that AI will likely be “embraced as a ‘tool’ for ‘human beings’ to use in both creative and innovative ways.” 

The full article is available on pp. 11–15 here.

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