Crandall Melvin Professor of Law Shubha Ghosh spoke with Bloomberg Law for the article “Denial of Copyright to AI ‘Author’ Affirmed by D.C. Circuit” which assesses the impact of the decision in Stephen Thaler v. Shira Perlmutter on Artificial Intelligence and copyright.
Ghosh. Director of the Syracuse Intellectual Property Law Institute, acknowledged unintended features can become a part of a work, noting copyright doesn’t have an intent requirement. But he also said there’s a different degree of human involvement with more traditional tools, and that the AI itself provides much more creativity and originality than the human author by comparison.
It’s challenging to sort out the degree to which a user prompt contributes to an AI output, he said.
“How do you determine it, and who determines it?” he asked.