de Cock Buning, Madeleine --- "Artificial intelligence and the creative industry: new challenges for the EU paradigm for art and technology by autonomous creation" [2018] ELECD 1421; in Barfield, Woodrow; Pagallo, Ugo (eds), "Research Handbook on the Law of Artificial Intelligence" (Edward Elgar Publishing, 2018) 511

Book Title: Research Handbook on the Law of Artificial Intelligence

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

Publisher: Edward Elgar Publishing

ISBN: 9781786439048

Section: Chapter 19

Section Title: Artificial intelligence and the creative industry: new challenges for the EU paradigm for art and technology by autonomous creation

Author(s): de Cock Buning, Madeleine

Number of pages: 25

Abstract/Description:

Artificial Intelligence (AI) penetrates more and more into what is traditionally considered the domain of human creativity. Although the ability to create is a quality that has traditionally been considered a human capacity, the increased quality and complexity of AI, shall ultimately render human intervention in the process of creation redundant. This contribution looks into challenges that are encountered when a machine is the creative agent of a work, with a focus on the output of autonomous creative agents that would traditionally fall inside EU copyright law. It draws some conclusions on the need to consider taking balanced legislative action, leaving room for the fair balancing of public and private considerations.