Randomness, AI Art, and Copyright

Chused, Richard H.

Journal: Cardozo Arts & Entertainment Law Journal

Volume: 40

First Page: 621

Year: 2023

Bluebook Citation: 40 CARDOZO ARTS & ENT. L.J. 621 (2023)

Author: Richard H. Chused: all 18 publications


Abstract

The article argues that art created with the assistance of AI tools should generally be eligible for copyright protection. It posits that human agency is present in the creation of AI-generated art, as traditional artistic works also incorporate randomness and unpredictability. By examining works by artists like Alexander Calder, Robert Rauschenberg, and John Cage, the analysis demonstrates that randomness and unpredictability have long been protected under copyright law, suggesting that AI-generated art should receive similar treatment.

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