Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

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.
 

Featured Media

Alerts

New York Public Service Commission Determines to Withdraw Its Finding in the New York City Offshore Wind Public Policy Transmission Need Process

Alerts

A "Sticky" Situation – Can Treatment of Administrative Claims Be Modified in a Subchapter V Plan?

Alerts

Key Affordable-Housing Provisions in the One Big Beautiful Bill Act

Alerts

What the One Big Beautiful Bill Act Means for Clean-Energy Tax Credits

Alerts

One Big Beautiful Bill Act Changes Tax Incentives for Charitable Giving

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Wislande Claude, Felipe Fernandez, Howard Wilson, Lisa Cantwell, and Erika Alexandria—Targeting Businesses in Recent Flurry of Lawsuits