Why works created autonomously by artificial intelligence (should) belong to the public domain – a viewpoint based on droit d’auteur traditions

Abstract

The authorship and protection framework of works autonomously generated by artificial intelligence has, for some years now, been one of the hottest topics in copyright law. Seeking solutions, we look at the development and differences of European traditions, focusing on how the concept of the intellectual creator as the author was pivotal from its inception. We then address how this perspective developed implicitly or explicitly to a requirement of human authorship in national, regional, and even international regulations. We note the complex process of balancing the various interests involved in copyright and how the system tries to harmonise them, sometimes unsuccessfully. In conclusion, we point out possible and reasonable alternatives to protect autonomously generated works, highlighting how and why the public domain thesis should be the standard position (although neighbouring rights may still apply), at least in countries that follow the droit d’auteur tradition.