U.C. Davis Law Review
Margot E. Kaminski, Authorship, Disrupted: AI Authors in Copyright and First Amendment Law, 51 U.C. Davis L. Rev. 589 (2017), available at https://scholar.law.colorado.edu/faculty-articles/834.
Technology is often characterized as an outside force, with essential qualities, acting on the law. But the law, through both doctrine and theory, constructs the meaning of the technology it encounters. A particular feature of a particular technology disrupts the law only because the law has been structured in a way that makes that feature relevant. The law, in other words, plays a significant role in shaping its own disruption. This Essay is a study of how a particular technology, artificial intelligence, is framed by both copyright law and the First Amendment. How the algorithmic author is framed by these two areas illustrates the importance of legal context and legal construction to the disruption story.
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