THE ADVOCATE V O L . 7 5 P A R T 4 J U L Y 2 0 1 7 533
2. Carys J Craig, “The Evolution of Originality in Canadian
Copyright Law: Authorship, Reward and the
Public Interest” (2005) 2:2 UOLTJ 425.
3. See Théberge v Galerie d'Art du Petit Champlain inc,
2002 SCC 34 at paras 30–32, Binnie J, writing for
4. Subsection 13(1) of the Copyright Act, RSC 1985, c
C-42 reads: “Subject to this Act, the author of a work
shall be the first owner of the copyright therein.”
Subsection 13(3) adds:
“Where the author of a work was in the
employment of some other person under a
contract of service or apprenticeship and the
work was made in the course of his employment
by that person, the person by whom
the author was employed shall, in the
absence of any agreement to the contrary,
be the first owner of the copyright, but
where the work is an article or other contribution
to a newspaper, magazine or similar
periodical, there shall, in the absence of any
agreement to the contrary, be deemed to be
reserved to the author a right to restrain the
publication of the work, otherwise than as
part of a newspaper, magazine or similar
5. Ibid, s 6.
6. 2004 SCC 13 at para 16.
7. See “Who Would Own Copyright in a Poem Written
by AI?”, Yours Intellectually (29 December 2016),
8. An example would be David Bowie’s use of a random
word generator to create lyrics, which he would
rearrange and edit to create his final output, representing
a digitized version of the “cut up” technique.
See Mike Masnick, “Copyright Question: Does David
Bowie Get the Copyright on Computer Generated
Lyrics?”, Techdirt (13 January 2016), online:
9. (1985) 3 All ER 680 (Ch D).
10. Copyright, Designs and Patents Act 1988 (UK),
1988, c 48.
11. Section 2 of the Copyright Act, supra note 4 provides:
(a) in relation to a cinematographic work, the
person by whom the arrangements necessary
for the making of the work are undertaken, or
(b) in relation to a sound recording, the person
by whom the arrangements necessary for the
first fixation of the sounds are undertaken.”
12. See Annemarie Bridy, “Coding Creativity: Copyright
and the Artificially Intelligent Author” (2012) Stan
Tech L Rev 5 at paras 10–11.
13. The computer program itself, and the source for the
original scripts, would be human products (indirectly,
in some cases).
14. See John R Searle, “Minds, Brains, and Programs”
(1980) 3:3 Behavioral and Brain Sciences 417. See
also Larry Hauser, “Chinese Room Argument”, Internet
Encyclopedia of Philosophy, online: <http://
15. See Sarah Perez, “Microsoft Silences Its New A.I. Bot
Tay, After Twitter Users Teach It Racism”, TechCrunch
(24 March 2016), online: <https://techcrunch.com/
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