Copyright for Literate Robots

Abstract

Almost by accident, copyright law has concluded that it is for humans only: reading performed by computers doesn’t count as infringement. Conceptually, this makes sense: Copyright’s ideal of romantic readership involves humans writing for other humans. But in an age when more and more manipulation of copyrighted works is carried out by automated processes, this split between human reading (infringement) and robotic reading (exempt) has odd consequences: it pulls us toward a copyright system in which humans occupy a surprisingly peripheral place. This Article describes the shifts in fair use law that brought us here and reflects on the role of robots in copyright’s cosmology. Published: 101 Iowa Law Review 657 (2016)