Computer generated works

The Copyright, Designs and Patents Act 1988 (CDPA s 178) defines computer-generated in relation to a work, as meaning that the "work is generated by computer in circumstances such that there is no human author of the work”. There are slight differences in this meaning in different countries with regards to the level of human involvement.

The Consultation outcome. Artificial Intelligence and Intellectual Property: copyright and patents. Updated 28 June 2022 states with regard to computer-generated works that the UK is one of only a handful of countries to protect works generated by a computer where there is no human creator.

"The “author” of a “computer-generated work” (CGW) is defined as “the person by whom the arrangements necessary for the creation of the work are undertaken”. Protection lasts for 50 years from the date the work is made." it says.

"As well as original literary, dramatic, musical and artistic works, copyright protects broadcasts, films, sound recordings, and published editions. These so called “entrepreneurial works” do not need to be original. But this lower bar for protection is accompanied by a narrower, and usually shorter, right. For example, sound recording protection only extends to a specific recording of a song and lasts for 70 years from creation. Where AI generates a work that falls into one of these categories, entrepreneurial rights would apply. So, for example, if AI generates a song, then the producer of the recording of the song would have a sound recording right."

"The UK also protects investments in databases. Database rights protect the contents of a database and lasts for 15 years. A database does not have to be original for it to qualify for database rights. However, there needs to have been a substantial investment in obtaining, verifying or presenting the data. If AI generates a database that fulfils these criteria, then there may be a database right associated with it."

"Criticisms have been made of the specific provision for computer-generated works. From a legal perspective, a computer-generated work must be original if it is to receive protection. But the legal concept of originality is defined with reference to human authors and characteristics like personality, judgement and skill. It has been argued that the law is unclear and contradictory."

"From an economic perspective, some argue that copyright protection for computer-generated works is excessive. This is because computers do not need to be rewarded to produce new content, but IP rights have costs to third parties. They reason that this protection should be removed or limited to the minimum necessary. Others believe that computer-generated work protection may incentivise investment in AI technology, though they disagree on the ideal scope of this protection."

"From a philosophical perspective some argue that copyright, with its roots in human authorship and creative endeavour, should only apply to human creations. They maintain that protecting computer-generated works may promote these works at the expense of human creations and devalue human creativity."

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