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ARTICLE · 07 MARCH 2023

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Artificial Intelligence And IP – Who Owns The Copyright

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If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own those rights?

South AfricaIntellectual Property
Werina Griffiths
Werina Griffiths
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"you just can't differentiate between a robot and the very best of humans."
- Isaac Asimov, I, Robot

If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own those rights?

There has been an explosion of interest in AI platforms following the launch of OpenAI's ChatGPT service which attracted more than one million users in the first four days following its launch. Headlines that ChatGPT can make gift recommendations, debug code, pass an exam, as well as write essays, academic articles, comedy routines, recipes and even music, not only hold true but demand consideration of what is happening, how it is happening and what the potential implications are for IP rights and their owners.

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