Allocating Ownership Rights in Computer-Generated Works

When computer software automatically generates output that is not identical to its own text, some of which is potentially copyrightable and some of which is not, difficult problems arise in deciding to whom ownership rights in the output should be allocated. Applying the traditional authorship tests of copyright law does not yield a clear solution to this problem. In this Article, Professor Samuelson argues that allocating rights in computer-generated output to the user of the generator program is the soundest solution to the dilemma because it is the one most compatible with traditional doctrine and the policies that underlie copyright law.