Contemporary Artificial Art and the Law - Gianmaria Ajani

Contemporary Artificial Art and the Law

Searching for an author

Gianmaria Ajani

The advent of Artificial Intelligence (AI) as an “autonomous author” urges the law to rethink authorship, originality, creativity. AI-generated artworks are in search of an author because current copyright laws offer as a solution only public domain or fragile regulatory mechanisms.

During the 20th century, visual artists have been posing persistent challenges to the law world: Conceptual Art favored legal mechanisms alternative to copyright law. The case of AI-art is, however, different: for the first time the artworld is discovering the perspective of an art without human authors.

Rather than preserving the status quo in the law world, policymakers should consider a reformative conception of AI in copyright law and take inspiration from innovative theories in the field of robot law, where new frames for a legal personhood of artificial agents are proposed.

This would have a spill-over effect also on copyright regulations.