Is AI Capable of Original Creativity? A Critical Discussion of the Real Impact of AI on IP Regulation

Human creativity is the foundation of all current intellectual property (IP)
regulatory frameworks. To understand the real impact of artificial intelligence
(AI) on the regulation of IP, we therefore need to consider whether machines
can ever be creative in the human sense. Can human creativity be defined,
and if so, is there scope for machines to have the necessary attributes to
replicate it? Efforts to use deep-learning AI to create works of art, music
or written expression are currently no more than transformative imitation.
This article argues that human creativity requires more than the ability
to manipulate big data sets – it requires autonomy and goal orientation,
imagination, responsiveness, observation and reflection, estimation of value,
and social sensitivity. It requires an ability to distinguish the important from
the trivial. We therefore posit that the existential angst over autonomous AI
creation replacing human creativity is overstated.