copyright for computer generated works

I'm working on a paper on the issue of who owns the copyrights to works generated by computer programs?

Let's say I write a computer program allowing the user to design kaleidoscopic images based on a handful of user inputs. The user gives the program a few images- like their name, or maybe a logo, and the program churns out a kaleidoscopic image incorporating the input. Who gets the copyrights to the program's output?

In the past, courts have awarded the rights to the user, relying on principles that were established in the 1800's in connection with technology that was clearly no more than a tool of the user- msuch as a camera or typewriter. Pamela Samuelsson at Pitt, Arther Miller at Harvard, and the 1979 CONTU report all more or less endorsed this conclusion. However, as computer programs become more sophisticated, utilizing more and more "artificial intelligence", the case for awarding at least some ownership rights to the programmer gets stronger. In the kaleidoscope example, it is the programmer who provides much of the creativity and innovation, not the user. Other examples might include programs that write poetry, compose music, translate between languages, or create abstracts of books or articles.

There appears to be little case law where programmers have sought rights to works generated by their programs. I've looked at a few licenses for programs that provide "Clip-art" images, programs that allow the user to design business forms, and business card programs- but I have not seen any language in the licenses dealing with rights to the programs' output.

Any ideas on how courts should deal with this problem? Has anyone seen a software license limiting the user's copyright ownership to the program's output? (I would expect such a provision in a translation program, or perhaps a program that creates greeting cards).

Andrew J. Wu
<andyjwu[_at_]merle.acns.nwu.edu> Received on Tue Dec 20 1994 - 18:31:57 GMT