Curated Issue: Cultural Works—Transitions and Dislocations, Introduction

Introduction to the curated issue of PORTAL Journal of Multidisciplinary International Studies, Cultural Works—Transitions and Dislocations. Some parts of this introduction contain material previously published in my review of Silvia Spitta's Misplaced Objects: Migrating Collections and Recollections in Europe and the Americas (Austin: University of Texas Press, 2009), in The Comparatist, 34 (May 2010), pp. 201–7

Lotus Development v. Paperback Software: The Overextension of Copyright Protection to Functional Aspects of Computer Software

The Copyright Act protects computer programs, but the exact scope of protection has never been firmly established. Recently, computer software producers have attempted to use the copyright protection of the underlying program to protect the user interface, also known as the look and feel. In Lotus Development v. Paperback Software, a district court granted broad protection to the user interface of the Lotus 1-2-3 spreadsheet. This article examines the Lotus decision and concludes that the decision improperly extended copyright to protect functional elements of the program

Generating Rembrandt: Artificial Intelligence, Copyright, and Accountability in the 3A Era--The Human-like Authors are Already Here- A New Model

Artificial intelligence (AI) systems are creative, unpredictable, independent, autonomous, rational, evolving, capable of data collection, communicative, efficient, accurate, and have free choice among alternatives. Similar to humans, AI systems can autonomously create and generate creative works. The use of AI systems in the production of works, either for personal or manufacturing purposes, has become common in the 3A era of automated, autonomous, and advanced technology. Despite this progress, there is a deep and common concern in modern society that AI technology will become uncontrollable. There is therefore a call for social and legal tools for controlling AI systems’ functions and outcomes. This Article addresses the questions of the copyrightability of artworks generated by AI systems: ownership and accountability. The Article debates who should enjoy the benefits of copyright protection and who should be responsible for the infringement of rights and damages caused by AI systems that independently produce creative works. Subsequently, this Article presents the AI Multi- Player paradigm, arguing against the imposition of these rights and responsibilities on the AI systems themselves or on the different stakeholders, mainly the programmers who develop such systems. Most importantly, this Article proposes the adoption of a new model of accountability for works generated by AI systems: the AI Work Made for Hire (WMFH) model, which views the AI system as a creative employee or independent contractor of the user. Under this proposed model, ownership, control, and responsibility would be imposed on the humans or legal entities that use AI systems and enjoy its benefits. This model accurately reflects the human-like features of AI systems; it is justified by the theories behind copyright protection; and it serves as a practical solution to assuage the fears behind AI systems. In addition, this model unveils the powers behind the operation of AI systems; hence, it efficiently imposes accountability on clearly identifiable persons or legal entities. Since AI systems are copyrightable algorithms, this Article reflects on the accountability for AI systems in other legal regimes, such as tort or criminal law and in various industries using these systems