Abstract

Artificial Intelligence has developed exponentially in recent years and has reached the point of creating pseudo-expressive content in areas previously only reserved for humans, ranging from writing, digital paintings, music, and much more. Termed “Generative A.I.,” these models are created at arresting speeds and competence levels. The content created by Generative A.I. has called into question the fundamentals of copyright law, and what counts as an expressive work. This paper looks to explore how a latent mental state requirement has lurked in the background of copyright law. By bringing this mental state forward in conjunction with an understanding of how both generative A.I. and artists create work, it can illuminate that due to a lack of expression, A.I. generated works cannot be copyrighted, and how to best protect and encourage the works of artists going forward.

Link to Full Note:

The Mental State of Expression: Generative AI and the Latent Mens Rea of Copyright