Randomness, AI Art, and Copyright

Authors

• Richard H. Chused, New York Law School

Abstract

The article argues that art created with the assistance of AI tools should generally be eligible for copyright protection. It posits that human agency is present in the creation of AI-generated art, as traditional artistic works also incorporate randomness and unpredictability. By examining works by artists like Alexander Calder, Robert Rauschenberg, and John Cage, the analysis demonstrates that randomness and unpredictability have long been protected under copyright law, suggesting that AI-generated art should receive similar treatment.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Science and Technology Law

Recommended Citation

Richard H. Chused, Randomness, AI Art, and Copyright, 40 Cardozo Arts & Ent. L.J. 621 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol40/iss3/3