Breathe
By Pamela Sandoval
Recently while reading the interview that El País conducted with Jane Ginsburg, Columbia University professor, daughter of U.S. Supreme Court Justice and feminist icon Ruth Bader Ginsburg who reflected on the evolution of the authorship debate, I was reminded of the early controversies over photography: a technology that, like AI today, challenged our pre-existing notions of creation and expression.
At the time, the U.S. Supreme Court recognized authorship in photography, arguing that, despite mechanical intervention, photographic works reflected "ideas in the mind of the author" by giving them "visible expression."
This historical precedent offers us a prism through which to examine the contemporary dilemma of AI-generated works. We now face a scenario in which works created by artificial intelligence systems again challenge our definitions of originality and creativity. However, the current situation with AI adds additional layers of complexity, as these systems can produce works with an apparent autonomy that defies direct human intervention. This is a turning point in our understanding of creativity, prompting a crucial debate in the field of copyright.
