KXYL recently asked John Rizvi to come on the air in Brownwood, Texas to discuss patents, copyrights, and ChatGPT. John, known as the Patent Professor and author of two books on patents, spoke about the issue of whether a machine or computer can be considered an author, entitled to copyright protection. He referenced the “monkey selfie” case, in which a monkey took photos on a cell phone and the court held that a monkey is not considered an author for purposes of the Constitution. Similarly, a computer generated entirely by a machine cannot be entitled to copyright protection.
John also discussed the recent Zarya of the Dawn case, in which a machine was used to generate art with minimal human input. The Copyright Office held that there was no copyright protection for that art because the human interaction was extremely limited and there was no control. In contrast, with Chat GPT, a tool that allows the computer to write sentence content in response to natural language text, the author is permitted to edit, revise, and make changes to the final product, which involves human creativity.
John predicts that laws will change to address the use of artificial intelligence-generated work, an issue that many industries and education systems will be grappling with. Nonetheless, for educators and teachers, it may involve emphasizing writing assignments that do not involve the use of AI-generated work or focusing on handwritten essays to ensure analytical skills are developed.
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