Decisions · Policy · Canada

The death of the AI author

Carys Craig (Osgoode Hall Law School) and Ian Kerr (University of Ottawa) · 2021 · Proposal · non-binding

52(1) Ottawa Law Review 33 (2021)

Protection of AI output

Can AI-generated work be protected?

Human authors only

AI authorship is a category mistake; authorship is a human, communicative act

Why hereCoded at the pole: its core holding or recommendation answers the question outright.

What it says

Craig and Kerr argue that the question is not how capable AI has become but what authorship is. Authorship is a relational, communicative human act, so the idea of an AI author rests on a category mistake, and they reject calls for small doctrinal changes to make AI output copyrightable.

A widely cited theoretical case against AI authorship from Canada.

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

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