Introduction

Artificial intelligence (AI) technology that would have machines thinking and feeling as humans do is not quite here yet, but it is rapidly advancing. Generative AI programmers can now feed a computer thousands of examples — from the letter A to the human face to works of art and literature — and ask it to detect patterns that it then uses to make a statistical guess to produce something similar. This trial and error, known as machine learning, enables computers to become increasingly accurate and, in the process, craft material increasingly indistinguishable from what a human being might make — and much faster. Can written and visual work that a computer generates — hence the term “generative AI” — receive copyright protection? Or, because it ...

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