Exploring the EU’s 4-part AI Human Authorship Test

How will the U.S. Copyright Office decide to handle AI-assisted works of authorship? The EU’s 4-part test may provide some guidance…

In November 2020, the EU published a final report “Trends and developments in artificial intelligence – Challenges to the intellectual property rights framework : final report”. The report examines copyright and patent protection in Europe for AI-assisted outputs in general and in three priority domains: science (in particular, meteorology), media (journalism), and pharmaceutical research.

Deep inside the report (part of which I’ve pulled out in the attached PDF), there is an examination of four interrelated criteria – comprising a “four-step test” – that they say need to be met for an AI production to qualify as a “work”: 

Step 1 – Production in literary, scientific or artistic domain; 
Step 2 – Human intellectual effort; 
Step 3 – Originality/creativity (creative choice); 
Step 4 – Expression

Right now, creators in the U.S. are waiting on more specific guidance from the USCO about what amount of human authorship is required in order to retain ownership of a work for purposes of the Copyright Act.

Download the full report 👉 https://lnkd.in/e-GNqN3U

Do you think we’ll see something like this 4-part test? Or, do you think something entirely different?

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