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Literary, dramatic, musical, and artisticworks are only protected by copyright if they are “original”. In 1988 when these laws were introduced, “original” meant a work must be the product of the “skill, labour or judgement” of its author. The laws of many countries are not amenable to non-human copyright.
Likewise, when the Uffizi Museum sent a letter to the French maison Jean Paul Gauthier back in April 2022 asking to cease all uses of “ the Birth of Venus ” in their Le Musée collection, it possibly thought it would eventually receive – at the very least – some kind of reply. Yet, she kept ignoring him.
This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artisticwork which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artisticworks. All Berne Union Member States must thus provide copyright protection to photographic works. Photographic works.
It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. is an infringer of the copyright or right of the author, as the case may be.”).
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