The role of automated technology in the creation of copyright works: the challenges of artificial intelligence

Technology today has an increasingly relevant role in areas traditionally considered restricted to humans. This position has been changing due to the increasing capacity of devices to carry out complex tasks without the need for any direct human intervention at all. An example of this can be found in devices that emulate, to a certain extent, human creative processes such as the conception of artistic works. These present a new and from the commercial point of view interesting reality: One where the human element is no longer considered irreplaceable in the creational stage of artistic works. This has a direct impact on the legal framework that surround these works; questioning whether the current legal framework of copyright is still capable of effectively protecting and incentivising human generated works. In the following article, this situation will be explored through a description of the potential impact of technology on human generated work and the position of current legal jurisdictions on this emerging landscape.