U.S. courts frequently analyze new technology under copyright law. Over the years, the courts have applied copyright law to photographic cameras, computer programs, digital video recorders, and much more. However, a recent breakthrough in the neuroscience community may force judges to apply copyright standards in an unorthodox fashion. A group of researchers at UC Berkeley devised a process that reconstructs video sequences from the human brain, essentially creating a movie from the person’s mind. As this neurotechnology develops, it is uncertain how judges will apply copyright law to content taken directly from the brain. Nevertheless, this Article argues that such content meets the originality standard under U.S. copyright law. Specifically, videos taken from the brain are original to the author based on the author’s unique visual experiences and unique mental processes.
Theo A. Bruton,
Mind-Movies: Original Authorship as Applied to Works From "Mind-Reading" Neurotechnology,
Chi. -Kent J. Intell. Prop.
Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol14/iss1/9