Which AI Components Are Copyright Protectable and Which Are Not?

The Situation: The growing ability of artificial intelligence ("AI") systems to generate outputs of various kinds with little or no human contribution presents fundamental questions for copyright law, which has traditionally been built around the protection of human ingenuity and creativity.

The Background: AI involves technology that does not simply process data at the request of human operators, but which is able to learn from that data in order to make effective decisions and judgments autonomously. With the rapid increase in complexity of tasks AI can master, the protectability of its outputs is of increasing commercial significance.

Looking Ahead: Although further developments are anticipated, courts worldwide remain hesitant (and in some cases firmly opposed) to embracing AI as an "author" in its own right. Given this, it is especially important for businesses in this space to protect the underlying software, algorithms, and components that power their AI through conventional means.

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