![Sample our Law journals, sign in here to start your FREE access for 14 days]({"type":"image" , "src" : "/sda/5942/TOC-Subject-Sample-2021-Law.jpg"})
ABSTRACT
On 25 October 2018, Christie’s sold a rather interesting and mysterious work. However, in contrast to the works that this auction house tends to sell, Portrait of Edmond Belamy was created by an Artificial Intelligence (AI). This and other similar creations have been in the middle of academic and regulatory discussions relating to the nature of Intellectual Property Rights (IPRs) that could result from them. Unfortunately, these discussions tend to present ideas in absence of transitions among markets and/or a lack of proper understanding of certain IPRs like those related to derivative works. Based on these elements, the present document aims to present a proposal built upon a hypothetical AI Copyright (AI©R). To develop this latter, we focused our attention on the plastic arts market and employed the analysis of market imperfections under the light of a right that tends to be overlooked by artists, scholars and lawyers alike: the Droite de Suite (DDS). Building upon the analysis of this right, the AI©R has been structured as a ‘label’ aimed to address market imperfections, and to recognize the ‘moral’ right of the AI and the economic rights of the individuals and/or companies that could be empowered to claim them.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 [1972], 409 U.S. 63 (US).
2 [1997], 114 F.3d 955 (US).
3 [2018], 16-15469 (US).
5 In this case, Judge Posner argued that ‘computers can only issue mandatory instructions-they are not programmed to exercise discretion’. See [1977] 91 Misc.2d 233 (US), at 237.
6 [1988] HL Deb Vol. 493 col 1305, 25 February 1988 (UK).
7 Ai-Da is a mechanical robot, which had its first solo exhibition at the University of Oxford’s Barn Gallery between 12 June and 6 July 2019. See ai-darobot.com.
8 [2015], EWHC 36 Ch (UK).
9 [1879] 1 Ch. D. 852 (UK).
10 [1890] 25 Q.B.D. 481 (UK).
11 An example of a positive externality would be a gallery that attracts consumers to nearby businesses, but that it is not compensated for the positive influence it generates.
12 [1988] HL Deb Vol. 493 col 1305, 25 February 1988 (UK).
13 [1982] 133 Cal. App. 3D 969 (US).
14 ‘If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made’.
15 For more on this project see http://artificialinventor.com/dabus/.