Friday, June 28, 2013

9. Monkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creators
Koko: A Talking Gorilla
This is not legal advice. Leave audio feedback at (512) 686-6329. This show was recorded and edited using GNU/Linux.

Expected Audience: anyone curious about animals, AI, extraterrestrials and copyright

This week, Doug speaks to Neal Smith, author of "Monkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creators."

mp3 audio | ogg audio | torrent | video

Per usual, the sparse show notes are after the break.

  1. Why don’t you tell us a bit about yourself?

Neal Smith

law librarian at Western New England University (School of Law)

He was the notes editor for IDEA this year.

  1. I want to leave plenty of time for questions, so I don’t want to get into too much detail about the paper at this time, but why don’t you give us a brief synopsis of the paper?

Title of Paper
Monkey Art and Copyright: Intellectual Property Rights in Works by Nonhuman Creators

creative works by non-human creators
there was a story that went viral in 2011
other forms of protection can work

  1. Could you speak a little about animal welfare vs. animal rights and does it matter for things like right of publicity?

animal welfare is about protecting animals

animal rights takes it a step further
Animal welfare says we should protect Koko the Gorilla
Animal rights might appoint a guardian

  1. You don’t talk at all about trade secrets? Why not?

Process or method
trade secrets might be the way to go with AI

  1. Why are nonhuman creations not the subject of trademark or patents? It seems like AI or intelligent extraterrestrials could fulfill the requirements for either.

strong AI presents the same problems as intelligent extraterrestrials

  1. Is the argument on the patent front, that an animal could invent something, but it could not fulfill the disclosure requirements?

Just not useful creations

  1. You say “These cases together indicate [copyrightable] if the author makes any sort of decision about the outcome of the final product that involves more than the mechanical implementation of a standard method or template.  Works by animals can meet this threshold, while current machine-generated works and works of nature cannot.” You answer this generally in the paper, but more specifically, what would it take for a machine-generated work to meet this threshold?

The issue is to meet the originality requirement. “modicrum of creativity” See Feist.
more than randomness and more than wrote mechanical method

machine creation might include randomness, which means that it isn’t copyrightable

  1. Doesn’t the Shakespeare analogy break down because a gorilla eats a lot (and thus costs a lot) and Shakespeare is long dead? A dead gorilla cannot create.

Gorilla to paint needs food to keep it alive and materials to let paint.
The real incentive is for the humans.

novelty is an issue of source and copyright is not about protecting source
trademark is about protecting source

  1. How does any of this relate to the Public Domain and/or Creative Commons?

Creative Commons: doesn’t directly apply to CC, because CC depends on copyright
Public Domain: Right on point! Right now these works are in the public domain by default

Mike Masnick got a takedown notice for posting images of the work in question.

  1. What are you planning next in your research and writing endeavors?

Going in two different directions
1. Orphan/hostage works (is it really a problem?)
2. Copyright preemption and licensing agreements
this is particularly important for libraries
a California case involving UCLA in 2012
language limiting fair use might be preempted

Get in Touch

Music Manumit group
My username: DouglasAWh. username: douglasawh. douglasawh
I'm on too many social networks to list them all!


Help Doug get through law school! Buy him a book or food!


  1. Good piece of info that you've obtained on this website submit. Hope I will get some additional of the stuff on your own web site. I will arrive again.
    rental homes in las vegas

  2. Together with the fast advancement of modern-day imitation engineering, replica products are getting to be a growing number of well known Goyard Tote with the consumers. People are willing to devote revenue on those replicas for their super mirror image excellent quality and reduced costs as compared using the originals. Get designer Goyard Tote Outlet handbags as an example, replicas like LV, GUCCI, CHANEL, HERMES, DIOR.. might be noticed everywhere. And people today can hardly tell the main difference from your originals. Replicas are now helping increasingly more go through luxury, helping luxury style be spreaded Christian Louboutin Bags Outlet across the globe. Anyway, individuals get rather puzzled and Gucci Bags Outlet Sale skeptical when it comes to determining to buy trend designer handbags. Here I would want to Sale Michael Kors Handbags share with you my complete comprehending of individuals diverse Grades of designer handbags in accordance to my go through. For objects below Grade A, we phone them Grade B. In contrast with the genuine goods, only Brand will be the identical because the authentic Longchamp Tote Bags ones. Goods of Grade B are just embossed with genuine Emblem, they are often viewed and offered even through the street by vendors at especially low rates. We call them trash items and they are very easily distinguishable. As for products of Grade A, as far as I understand, you can find 6 grades that are stated above within the market place.

  3. Perfection is exactly what a bride desires for her wedding ceremony. While the bride is definitely the principal Karen Millen Outlet attraction during the ceremony, her bridesmaid will have to also seem pretty also. Right after all, they can be the persons who will march across the aisle to begin with. Brisbane has a number of the most wonderful locations which are excellent for weddings. Due to that, Bridesmaid Dresses Karen Millen Sale Brisbane and other apparels to the rest with the entourage are usually purchased while in the stated place as well. As selecting internet based has now turn out to get likely, Bridesmaid Dresses Brisbane has also made their products obtainable on the net. Buying online is obviously much more hassle-free than driving across the city on hunt for a boutique that Mont Blanc Pens Sale UK could offer the dresses that you might need. Through the use of your preferred search engine instrument, you¡¯re able to basically Chrome Hearts Online hunt for the greatest bridesmaids dresses Brisbane on the web straight at the comfort of the personal home.

  4. A brand new continues to be spotted which has a Sandhill motorised hoist head, an issue involving imprinting that seemingly took place Parajumpers Jackets on the get started of your real goose's existence. The goose gotten at Inspiration Shape Preserve with crane flocks above the weekend too as earlier too. Faust noticed him or her with Moose Knuckles Canada his adopted group on using the web video per week in the past and published it on Canada Goose Women Jackets YouTube. The query now's regardless if or not the goose can progress although applying cranes to become ready to Oregon too as Ca plantation regions whenever they lift off daily currently. If this describes correct, the goose girl perhaps Canada Goose Sale Outlet born ahead of the cranes' individual colts. The possibility of which is how the cranes may possibly and after that give up their exclusive ovum.

  5. A Nike shoes-Turbo Charge Helps To make The Standard Nike footwear Philosophy So Exciting Mary Jo White, the nominee to go the Filing, provides inform lawmakers on Tuesday that she will carry a "bold and unrelenting" enforcement plan in the direction of Nike Shox Norge agency if she has confirmed as a consequence of the Senate. Investors and many forms of marketplace participants really have to know which the area folks markets is degree and this all wrongdoers -individual and institutional ... is going to be aggressively pursued with Nike Free run Sverige the SEC," mentioned White in ready testimony launched earlier than her confirmation hearing ahead of Senate Banking Committee.Proceeding aggressively against wrongdoers isn't only the appropriate point to try, just about all delivers to discourage Men Vans Half Cab Pro the sharp and unlawful practices of other individuals," White extra. White built a popularity as remaining Vans Shoes Outlet a hard-nosed Manhattan federal prosecutor ahead of relocating to private practice Nike Free Run Sverige Billiga for your past Ten many years your SEC.