Journal of Organizational Behavior Education 13: 29-48.
2020 NeilsonJournals Publishing.
Artificial Intelligence and Intellectual
Property: Who Owns Property Created
by an Algorithm or a Robot?
Schiemer, J., Tawse, N., and O’Rourke, J. S.
University of Notre Dame, USA
Abstract. The University of Surrey has filed multiple patents in the United Kingdom on behalf of
an Artificial Intelligence (AI) Robot, Device for the Autonomous Bootstrapping of Unified
Sentience (DABUS). The two ideas were artificially created by DABUS without any human
intervention, but for centuries, intellectual property ownership has been created on behalf of
humans. With improving computing power and abilities of Artificial Intelligence, the need to
copyright for non-human beings is being called to question. This case study analyses the question:
should the University of Surrey, or any other entity, be allowed to apply for intellectual property
protection on behalf of an AI robot or algorithm?
Keywords: computing power, copyright, non-human beings.
1. Introduction
Hiring a guide to photograph exotic animals usually gets one close to the action.
Not as close as David Slater, a British photojournalist, expected to be on a 2008
trip to a small national park to the north of the Sulawesi island of Indonesia. Slater
wanted to photograph the Crested Black Macaque, a primate that is extremely rare
and critically endangered. Out in the wild, some friendly apes became interested
in Slater’s equipment. At first, he was fascinated that the primates were curious
about their reflection in the lens, but then they suddenly grabbed a camera and
started snapping photos of themselves.
“One of them must have accidentally knocked the camera and set it off
because the sound caused a bit of a frenzy,” David told the Telegraph. “At first
there was a lot of grimacing with their teeth showing because it was probably the
first time they had ever seen a reflection.”
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These “selfies” went viral in 2011 when the media reported on Slater’s
experiences. As the story erupted, one question arose from this situation: Who
owned the photos?
This case was prepared by research assistants Schiemer, J. and Tawse, N. under the direction of James S. O’Rourke IV, Teaching
Professor of Management, as the basis for class discussion rather than to illustrate either effective or ineffective handling of an
administrative situation. Information was gathered from corporate as well as public sources. Copyright ©2020. Eugene D.
Fanning Center for Business Communication. All rights reserved. NeilsonJournals Publishing has been granted a licence to
publish this case study in JOBE in print and online. Subscribers are granted a licence to make 1 copy of the paper for inspection
use only. For multiple copy orders and reprint permissions contact Eugene D. Fanning Center for Business Communication.