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The possible emulation of human creativity by various models of artificial intelligence systems is discussed in this chapter. In some instances, the degree of originality of creations using algorithms may surprise even human beings themselves. For this reason, copyright protection of ‘works’ created by autonomous systems is proposed, which would take account of both the fundamental contributions of computer science researchers and the investment in human and economic resources that give rise to these ‘works’.
The legal consideration of a robot machine as a ‘product’ has led to the application of civil liability rules for producers. Nevertheless, some aspects of the relevant European regulation suggest special attention should be devoted to a review in this field in relation to robotics. Types of defect, the meanings of the term ‘producer’, the consumer expectation test and non-pecuniary damages are some of the aspects that could give rise to future debate. The inadequacy of the current Directive 85/374/EEC for regulating damages caused by robots, particularly those with self-learning capability, is highlighted by the document ‘Follow up to the EU Parliament Resolution of 16 February 2017 on Civil Law Rules on Robotics’. Other relevant documents are the Report on “Liability for AI and other emerging digital technologies” prepared by the Expert Group on Liability and New Technologies, the “Report on the safety and liability implications of Artificial Intelligence, the Internet of Things and Robotics” [COM(2020) 64 final, 19.2.2020] and the White Paper “On Artificial Intelligence – A European approach to excellence and trust” [COM(2020) 65 final, 19.2.2020].
Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.
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