Abstract [eng] |
Artificial Intelligence and Copyright Law The recent breakthrough in the development of artificial intelligence has ignited changes in the sphere of creativity. The use of autonomous systems in the creation of literary, scientific and artistic works is rapidly growing, which poses new challenges to the copyright system. This paper examines the main problem arising thereof: whether the works created using artificial intelligence are protected by copyright. The aim of this study is not only to provide the analysis of the current legal framework, but also to assess its appropriateness in comparison with possible alternatives. The first chapter discusses the general aspects related to the concept of artificial intelligence and its technical capabilities. The interdisciplinary analysis reveals the problematic nature of the definition of artificial intelligence, its modern concept, the operating principles of artificial intelligence systems, and their functional features. To substantiate the relevance of the topic, specific examples of how artificial intelligence is used in different creative processes are provided. The second chapter examines the relationship between artificial intelligence and copyright. In order to determine the extent to which the results of artificial intelligence are protected by copyright, the relevant legislation in different countries is analysed, including its application and interpretation practices. Particular attention is paid to the rulings of the Chinese courts in 2019, which are the first to directly address the issue of authorship of artificial intelligence works. After discussing the current regulation, it is assessed whether it adequately responds to the objectives of copyright and the changes caused by artificial intelligence. To this end, three possible copyright policies are compared: (i) maintaining the status quo, (ii) extending the subject matter of copyright, and (iii) creating a special legal regime. |