RIGHTS TO INTELLECTUAL DELIVERABLES CREATED WITH THE USE OF ARTIFICIAL INTELLIGENCE
Elena N. Abramova, Elena V. Khamidullina · Хозяйство и право · 2024
The widespread use of neurotechnology and artificial intelligence technology in all spheres of our life has led to the emergence of new problems for civil law. Among them, the problem of determining the legal regime of intellectual property objects created with the help of these end-to-end digital technologies is of particular relevance. First of all, it is necessary to determine whether they protect such works, and if so, who is their copyright holder. The authors devote it to the analysis of possible solutions to the problem of granting protection to intellectual property objects created by neural networks and substantiating the author’s position on the possibility of forming a new exclusive right to such objects. The authors come to the conclusion that it is impossible and unnecessary to qualify artificial intelligence as a subject of law and the author of the created works and propose a new legal structure for the initial emergence of the exclusive right to objects created by neural networks from the subject using this technology, since it is its activity aimed at the operation of a device or software based on artificial intelligence that leads to the emergence of a new original result.