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Do androids dream of electric copyright?

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the time only a the thank you
very much for the saying I know it's a a very close to the closing of the conference of uh I really appreciated and I am and as well
as from the University of Sussex and going to be talking to you about their androids and copyright now I've always start
representations with an apology and I'm a lawyer that's the apology on and getting and I'm a lawyer so I'm going to be talking about art and I'm going to be talking about uh artificial intelligence and these so subjects that I'm not very familiar with now it the apology is is there any people that are familiar with artificial intelligence I apologize in advance in case they say something monumentally stupid uh the reason why I think this is a very interesting subject it is going to become evident later on but also I'm going to be talking a little bit about art and also uh and quite interested in getting some feedback if you are uh a German lawyer or if you are an artificial intelligences person that is interested in some of the issues of copyright than going to raise uh I do ask you for your help now really what I want to start
1st with that users with the field
definitions and a few they're running up running through all of what they use an artificial intelligence and now this is obviously uh an entity that has the capacity to perceive understand and predict and manipulate the world far more complicated than itself and this is 1 of the traditional uh definitions of what is artificial
intelligence by the way there's a lot of pictures of Star Wars happy hours they made the force be with you um now to consider that being quite interested in that I think there are in generating a lot of people tential legal interest is the subject of neural networks with hot quite a lot and yesterday I heard an amazing presentation on this very subject now neural networks you know already here are the networks that try to may make a human thoughts and particularly their with base and mathematical models of your but also on quite interested in machine
learning and machine learning is usually defined as a computer that is going to have the ability to learn without the assistance by the program now the what has been happening in
that I think it is raising the legal questions is in the matter of our artificial intelligence part now value for those of you who has a love scene it's marking nice a fantastic field there to begin with but also it contained some very interesting a scene in which it is about the the uh the artificial intelligence of the role of picture here there draws a start drawing 1 of the other protagonists and if this is the 1st presented that usually as a true in science fiction to tell us that the id the robot the artificial intelligence is striving to be a human more and more humanist is this is showing
intelligence this is a cell saying patrolled by say handled in quite a lot of of the Fort uh depictions of artificial intelligence in film and television uh if you're familiar with star Trek you will notice that this picture of this cat is actually think that by the data in the Star Trek the Next Generation and the that is it is the you very very strongly a robot and an android that wants to become more human wants to be more human and he does this through art and we are presented a lot of times with these troll the idea that art is made by role what's actually going to be part of the humanities going to create a more human and machine and we see this time and time and time again in a
in in science fiction and the all robots are going to create photography are going to great music you're going to create poetry are going to create it creates literary works that express the humanity now this is
actually something that has been happening quite a
lot and have this is a uh a painting uh in the sixties and of the art machine art by Desmond called Henry and it's actually a shows that this is something that has been happening for many years a way back in the sense seventies and eighties there all the projects things like our own the data The Painting Fool they've I'm going to show and more recently this seems to have been getting more interesting with the dream and the next Rembrandt that I'm going to show so this is
a painting by the David and it's a a criticism an article that's actually telling us that the artist itself the artist is a the expression of a portrait of expression it's of no expression of the personality of the of the artist and I find that quite compelling that would I'm going to tell you the legal definition of what created what creativity bought uh the artist art art critics are actually looking at this as the expression of the programmer now in the documents the human condition as Savannah Cox states bot which human condition is a common human condition of the programmers so that all the artist's is that of all sworn looking at these
beautiful paintings are created by uh by
machines it's only 7 grand aspirations the painting for telling us that it wants to be taken seriously as a painter and this is a series of paintings that has gone on a multi um we are also going to
have been the idea of the moment that artists are becoming something more so and the early artists were very dependent on what the programmer told them to do so this is a painting by uh along project called art and that I find quite interesting and sold evac
sorry out there and this is a good example would be if you've ever seen meshing the AAC smacking that I mean um it's trying to represent uh by a filter the arts that is drawn in the picture by a but is actually a project that you can do and my apologies for the next image this is actually means
taking a picture it's a website and you can go to the website and you can take a picture for it you can upload a picture of converted into machine uh art and this is going this is just a filter right there's not artificial intelligence happening but what's interesting is that the newer
versions of things like the dream I've seen in quite a lot of talk of already about about things like this and the dream is but through machine learning there is going to be an algorithm that is going to be a selected by the mission
itself so you take a picture and you give the machine is going to apply certain types of algorithms that is going to create an image that was not specifically designed by the
programmer so really what is going on is that in stead of exactly prescribing and this is a quote directly from the the dream project instead of exactly prescribing which feature we want the network to simply quantified we can also led the network and make a decision and this is quite interesting that is beyond all the electronic artists that we were seen before this artist acts that are actually making the decisions themselves through all decision trees and things that I don't fully understand but they big layers so make the the odd making some decisions and this is quite important for the law now
you can do it yourself this is a picture I took him on on the on 1 side it's a picture I took it from Lake Como and then you put it through 1 of the many places where you can do uh uh alteration would the the dream and the right of the results of these looks like a monster destroying the Italy or something like that and they act as an
artist commentators are saying you were asking the question is this part and actually it is and what is the then there is the size of course it's not there is no limit to what you can classify as part of the question is only ever whether it's good art and people seem to be very amused by so at least it produces and his so
we have more than just the creation of filters the machines you can tell them I will you have a photograph and apply the painting of Rembrandt or by the scream and it can create something that resembles the style of the of the painter so eases creation or is this imitation and that is quite interesting and
uh this is the latest that you probably have seen it of your interest in the subject of the next Rembrandt is a Microsoft in research project that actually they went through all the paintings of Rembrandt to find through machine learning algorithms elements common elements in in in in all the paintings and created a new painting that did not exist but is completely up according to some critics that in the in the style of Rembrandt now this this is what is happening is that it is something that we
don't really know from a legal perspective I'm going to tutor it depends on what is really really happening the kind of my understanding of the decisions that the programmers create some algorithms and the machine is actually making quite a lot of the decisions that are
going to be showing off you are so we see pre-selected levels of abstraction that is going to be dependent on certain parameters so what does not
tell us about what is going on and I had a different picture here but I was so uh taken by the robot well outside I decided to put the here at now this
is not a new area of law I and we have been since the Roman times dealing with things like uh uh the laws slavery it's the rights and responsibilities of those who do not have legal capacity and from slaves to minority of people who were mentally impaired this is not an area that should be was a lot of difficulties and we have various like negligence contract award that have ways of doing dealing with
this and machines are going a little bit more and and this is was presented last year in the here a good republican met group but did make which is a robot that goes through a computer all against the had robot it's called a random dot net shopper goes to . net and with some a certain amount of bitcoins is going to purchase things random things uh from from the dark matter and the purchase drugs and you can find them here and are actually the Swiss police uh confiscated the root the the computer and then returned it saying well you know the artistic value of this is this is more important than the possible damage that was created so interesting things are happening because the programmers didn't tell it go and buy drugs but I actually just went on randomly but drugs from the back but then there and
so specializing in this area of law of recently which is what you could call nonhuman copyright and there's is also an increase in this area and I don't know if you're familiar with the uh with this guy uh he he is Naruto he is a monkey in Indonesia that in 2011 a British photographer and put a camera and the monkey took a self the now it would be a funny story in itself a for a for a time making and back in 2012 everyone was changing the social media profiles the monkey and it was very very cute and a very handsome monkey you have to it now what is interesting is that there was a copyright lawsuit in San Francisco based on the monkey about that that the people for the Ethical Treatment of
Animals sued the photographer for copyright infringement arguing on behalf of the monkey arguing that the monkey to the pictures of monkey should have the copper so this at all costs in the George came to the decision of the monkey did not have a standing in court so ruled against the claimants bought this is something that is coming up again and again and again and I am interested that I think that there may be a case for something called nonhuman copyright and if you're interested in the monkeys the I know you can see it because I'm covering it
there is a uh a link here uh I wrote in a paper telling you all about the copyright indications of the monkey self the now
I'm going to disappoint you because UK law is actually quite boring in this respect and what the law states and are thus far as I know this is the you the only country in the UK where something like this the we use legislated and I would be delighted to hear you if any of the jurisdiction has something different now UK law has been the concept that the programmer of any computer generated work of art is going to have to be the owner of the copyright is very simple and it's so you call the automated the computer generated uh that copyright now if the US Copyright
Office which handles the registration in the United States has a different approach and there they say and this is just a guideline but generally the courts in the United States have been uh following uh in this is they're saying that in order to be entitled to copyright registration work must be the product of human authorship so words produced by mechanical processes or random selection without any contribution by a human author are not registrable so that such a so if it's mechanical if it's not used by human is not going to be registrable and so therefore you got and enforce your copyright European law is
slightly different and this is actually why what prompted me to write this paper and start doing the research because European law copyright law has been moving very strongly to the protection of the personality of the author so actually the wording of the case law on the wording of the of the law sees that the war must reflect the author's personality and this is very strongly in this coming across in several cases selected by by obtain their before back and all the so this another so even though it's on of the moment I think that we have quite a strong indication that works that do not reflect the personality of the author and therefore a very created by uh by machine and the creative decisions are made by the machine are not going to be protected by copyright and this is I know it's a very strong statement about I believe it so this is where I think
we are finding ourselves in very interesting territory have from a legal perspective if we accept that the very important very basic creative decisions by in the creative process that are being made by machines by the artificial intelligence by the machine learning algorithms are very important decisions that we don't need to we cannot assign to the programmer you will decisions have been made by the machine there's a very strong chance and I'll be very willing to uh to talk to you about this but out I think that there's a very strong argument to be made that in Europe and almost certainly in the United States those words would not be protected by copyright and that maybe doesn't have any implication of them on but the value of some of these works may increase with time as the next Rembrandt uh I have no idea how much of an investment came into that but I would actually say that the programmers made quite a lot of decisions in that circumstance I would say that probably that with that particular case would be but the copper right so we have hero options um either of those words do not have a copyright and so we forget about it you know and it's a nice experiment it's
not going to be protected by copyright and they're not going to be allowed to be registered possibly in the US Coperite office again this would be the effect works in the United States and it it could be possible and so something that for all the old like use to actually 4 also applied the you the computer generates the clause to more wider uh audience so it could actually become European law and order the country of some countries could change their legislation in order to implement this
um uh or we could take a wider approach and start recognizing nonhuman copyright now there is an interesting case uh just tell you just how much nonhuman copyright were actually talking about there is a very interesting
case again be a United States that cold wouldn't books versus uh national and this case is about aliens dictated copyright not only Gilliam detailed copyright dead alien channeling into a person so this really the definition of nonhuman cup right about work actually was granted copyright because it also you 1 that was transcribed and everything it but it is just an interesting area just find the monkeys and artificial intelligence and alien Coperite's that really my subject of uh so there could be
maybe the creation of a new of new no new type of cooperative dealing with this or it may be we should start thinking ahead in the future and I'm going completely into in into the science fiction gazing here start thinking of uh a human right non human rights and responsibilities along the lines of what happens when the robot to and artificial intelligence buys drugs what happens when you kill someone which is going to happen and what happens is that when it creates a work of art I don't think that robots are actually going to be asking for copyright tomorrow and they're not going to write self under it using the rise up and kill us at some point I don't think that copyright is actually going to be very high on the agenda in in in in the uh in the decision to that of blame windows 10 but anyway
but so with those also thank you very much for yeah thank you very much and is good and
was on a curious for this talk will have a short break 10 minutes that we have 10 minutes left so um does anybody have questions in the room will be surprised how come from northern they're not questions or comments may be something related yeah the if I said something absolutely stupid and artificial intelligence I do want to hear it honestly uh you are
welcome those the feedback I the sum area that really need to learn more you have to talk and cysticercosis talked about a lot about decreases copy intensified secretaries and part of sentences but yeah so that that's the copyright
infringements by in it's topic you has an excellent
question I think it's already happening in a certain way uh up a loss of uh there's a lot of automatic indexing that I know we we we actually have to create exceptions to copyright because of of some of these things that happen mechanical so actually you various machine there isn't something that is a large-scale copyright infringement there may be an exception that then there is an area that now the UK uh has adopted which is with the data mining because they might a lot of data mining is actually being is copyright infringement you need to call have create a copy and usually live a copy of the work and create a copy of that work so we actually have to change UK law to create a data mining exception uh that allows for research purposes for for machine to do this this work which is actually for uh I think it's now it's interesting that I haven't looked at a lot of such models but you know you've given maybe I'm going to have to include a uh a section and please send me an e-mail or something and I'll I'll to the article its finally published but they know it's fascinating yeah I think you should also include if we're talking about rights and responsibilities in should definitely include a section on on on the French yeah I
think it this a I think you meant that it was very interesting crazy idea and specificities is a disease that of have underlying and and I'm wondering if we should continue talking about copyright as a matter of protecting and creative works from that capitalist point of view and rather than talking we're talking about the future about more open and less restrictive
I have a way of protecting works and thinking about PtDA your this international treaties that are being pushed and then to eliminate the creation and innovation way so I was wondering where you have thoughts on this the from copyrights and creative commons and magnitude the much that's
absolutely false in my area of interest I actually do a lot of work for Creative Commons by the what was critical in Scotland Chris Cummins Costa Rica out currently there little legally to Fortran constant K so I you know you probably guess where a land in the this debate and I'm all for reform act I'm not of a fully abolitionists that I don't think that we can do without copyright at least not with the current political structures that will have to li with copyright owners for quite a while and I would a yeah I completely agree that we should be moving into more of these more permissive areas and that's actually 1 of the areas that I'm interested in looking at that if we can reform copyright to think outside of the boundaries of the world the generally that we have been looking at them uh in the past by just looking at a lot like all nonhuman copyright and we would actually I think be looking more creating more exceptions and more public related exceptions I think we can use in the future and it under for copyright informing copyright reform of all across the board thanks federal
question so is there last question the audience now so that that's that's the tower but not an and
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Titel Do androids dream of electric copyright?
Serientitel re:publica 2016
Teil 154
Anzahl der Teile 188
Autor Guadamuz, Andres
Lizenz CC-Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen und das Werk bzw. diesen Inhalt auch in veränderter Form nur unter den Bedingungen dieser Lizenz weitergeben.
DOI 10.5446/20572
Herausgeber re:publica
Erscheinungsjahr 2016
Sprache Englisch

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract The advent of artificial neural networks has opened new artistic opportunities, but also new legal challenges. Smart programmes can take an image and process it in manners that resemble biological networks, resulting in unique and often unpredictable art. Copyright law has been drafted to consider originality as an embodiment of the author’s personality, which is one of the main requirements for the subsistence of copyright. So, what happens when you remove personality from the equation? Are machine-created works devoid of copyright? Do we need to change copyright law to accommodate autonomous artists?

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