Abstract:
This article contends that determining whether copyright protection should apply to AI-generated works requires understanding whether AI is “creative”. If it is a tool, works generated using AI deserve copyright protection. However, if it is genuinely creative and appropriates the locus of creative labour from human minds, then those works may deserve less or no protection. Examining creativity research, the article concludes that AI is more than a tool but not fully creative. It suggests that provisions governing computer generated works may balance the need for some protection, without imposing excessive access costs on the public in respect of AI-generated works.