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Cubert, Jeremy A.; Bone, Richard G.A. --- "The law of intellectual property created by artificial intelligence" [2018] ELECD 1417; in Barfield, Woodrow; Pagallo, Ugo (eds), "Research Handbook on the Law of Artificial Intelligence" (Edward Elgar Publishing, 2018) 411

Book Title: Research Handbook on the Law of Artificial Intelligence

Editor(s): Barfield, Woodrow; Pagallo, Ugo

Publisher: Edward Elgar Publishing

ISBN: 9781786439048

Section: Chapter 15

Section Title: The law of intellectual property created by artificial intelligence

Author(s): Cubert, Jeremy A.; Bone, Richard G.A.

Number of pages: 17

Abstract/Description:

The artificial intelligence (AI) revolution will dramatically change the relationship between humans, machines, and society. As AI technology integrates itself into our world, existing legal theories and structures are becoming increasingly outdated. Historically, intellectual property law has struck a balance between the benefits to society from disseminating inventions and ideas widely and the incentives to innovate by offering exclusive rights to inventors for a limited time. We will need to reexamine the balance between the utilitarian needs of society and an individual’s rights as the very definition of an "individual" is expanded to include autonomous machines. In the United States, patent ownership initially vests in inventors who, historically, have always been assumed to be human. However, "strong" AI may soon be capable of conceiving inventions and reducing them to practice without humans playing a role. How will we address inventorship, ownership, and the sale and licensing inventions credited to AI? AI's role in writing, musical composition, and video creation will result in creative output independent of human participation. Should the creative works of AI be freely available for everyone to use? Services for manufacturing and distributing goods are increasingly become automated, without human direction. How will trademarks identify the source of goods or services of AI? The balance between the needs of society and the rights of the individual will need a complete reexamination in the coming world of AI.