Katherine Jung


Artificial Intelligence (“AI”) systems have revolutionized the world of creative writing. Beyond providing simple grammar or spelling assistance, the most advanced of these systems can now play a collaborative role in the writing process, increasing productivity while pushing content in new and surprising directions. AI-generated creativity raises compelling questions in the context of copyright law, which has long been predicated on the assumption of human authorship. The capacity of AI to one day generate writing at a level of mastery on par with human beings complicates traditional notions of creativity, the protection of which the entire copyright system has been built on. This Note seeks to explore the ways in which creativity continues to be defined and redefined in the context of AI and how advanced deep learning models like GPT have innovated the field of creative writing. In this Note, I consider where AI-generated narratives fit within traditional copyright theory and existing legal requirements for copyright protection, whether a machine can meet the standards for creativity and originality, alternative models available for AI-generated creativity, and how a model incorporating legal subjectivity for AI and joint-ownership theory can address some of the most pressing legal issues facing copyright law as AI systems grow more autonomous.