Curing the Authorless Void: Protecting Computer-Generated Works Following IceTV and Phone Directories

Abstract

This article builds on the author’s recent article ‘The Vanishing Author in Computer-Generated Works: A Critical Analysis of Recent Australian Case Law.’ That article explained how recent Australian case law has seriously undermined copyright protection for works which are substantially shaped by software such that they lack a human author. The article argued that such works, if otherwise original, should not be denied copyright protection solely because they are computer-generated. This article thoroughly examines and evaluates three possible reform options: (1) deeming authorship of computer-generated works; (2) classifying computer-generated materials as subject matter other than works; and (3) sui generis protection. This article will also explore the sometimes difficult issues these options generate.