Authorless copyright: the special relevance of subject matter other than works in the era of artificial intelligence

This article examines the intersection of Australian copyright and generative artificial intelligence with particular focus on generated subject matter other than works, such as cinematographic films and sound recordings. It draws on case law and commentary to consider whether such media are capable of being protected under existing Part IV provisions of the Copyright Act 1968 (Cth). The analysis then explores the authorless nature of entrepreneurial copyright as a reference point for the protection of works created by artificial intelligence in circumstances where no human author can be identified. This analysis demonstrates that existing frameworks for entrepreneurial rights provide a sound conceptual foundation for the protection of generated subject matter. Considering these findings, the author reviews and renews historic calls to include works generated by artificial intelligence as a distinct category in Part IV of the Copyright Act 1968 (Cth).