Decisions · Policy · United States

Authors and Machines

Jane C. Ginsburg and Luke Ali Budiardjo (Columbia Law School) · 2019 · Proposal · non-binding

Berkeley Technology Law Journal, vol. 34, p. 343 (2019)

Protection of AI output

Can AI-generated work be protected?

Only the human parts

Machines are never authors; the user or the designer may be, and some outputs are authorless

Why hereOnly the human parts: the user or designer may be the author depending on their contribution; where both are too remote the work is authorless.

What it says

Applying a conception-and-execution model of authorship, the authors argue machines are faithful agents of humans, so asking whether a computer is an author is the wrong question. Depending on their contribution, either the user or the designer who trained the machine can be the author; where both are too remote, the work is authorless.

Whether you own AI-assisted work depends on how much you conceived and shaped it.

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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