| Abstract [eng] |
This thesis examines the legal challenges surrounding the authorship and copyrightability of works created using Artificial Intelligence (AI) technologies, with a focus on the legal frameworks of the European Union and the United States. It explores whether international private law mechanisms and choice of law instruments can provide legal certainty for authors and creators seeking copyright protection for works generated using AI tools in cross-border matters. The research addresses the pressing need to address legal uncertainties surrounding AI and the copyrightability of works in an era where such creations increasingly transcend national borders and challenge existing copyright law foundations. A comparative analysis of the EU and US approaches to copyrightability and authorship for works created using AI highlights the absence of a unified definition of "significant human involvement" as a critical issue. This divergence in national frameworks, coupled with the lack of an international public law solution, underscores the broader challenge of fragmented legal outcomes in cross-border matters, particularly for creators using AI tools in the creative processes. These inconsistencies impact the economic value, enforceability, and global distribution of works created using AI tools, exposing vulnerabilities for creators operating not only across multiple jurisdictions but also within individual national systems. Key takeaways from this research emphasize the current legal uncertainty in international copyright law. The thesis proposes the application of choice of law instruments to promote more predictable outcomes in cross-border disputes, advocating for the development of international private law mechanisms that prioritize certainty and predictability in resolving such issues. By exploring alternative frameworks such as lex originis and soft law instruments like the Kyoto Guidelines, the research argues for an approach that aligns with the realities of global trade, digital technologies, and the growing reliance on AI in creative processes. This work serves as a valuable guide for authors, academics, and lawmakers, emphasizing the necessity of adopting a forward-looking and unified approach to address the legal uncertainties posed by AI technologies in the creative processes. |
