AI as artist: agency and the moral rights of creative works

Abstract

The question of who possesses the moral rights of creative works made using the assistance of artificial intelligence (AI) is not fully resolved. In particular, the relationship between moral rights and moral agency in the production of creative works has been under-investigated in the literature. I explore these topics and argue that moral agency, intentionality and values-based reasoning are crucial for the entitlement of moral rights and hence the assignment of authorship. I conclude that, despite their great power to produce creative works, current generative AI systems cannot be the moral author of such works due to the absence of intentionality with values-based reasoning. Instead, the human end-user of a generative AI system is the moral author in most cases.