In my last post I examined whether artificial intelligence could be regarded as an “author” for purposes of copyright law. This topic is intriguing, but we must remember that AI can not only create works that at least theoretically can be covered by copyright protection, but it can also infringe copyrights held by others when creating its own works. There are already algorithms that can mimic a certain style of painting or a specific author. In the face of technology enabling anyone with access to it to produce their own “masterpiece by a famous painter,” it is worth considering whether AI can be held responsible for copyright infringement, and if not, who can?
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