To the problem of legal regulation of objects created with the use of artificial intelligence: can they be objects of copyright
Вікторія Соколова, Алла Дідук · Slovo of the National School of Judges of Ukraine · 2025
The modern technological development has a fast pace and influences all the spheres of the human`s living, including also human`s creative activity. For the pending moment, most of the works of art are posted in electronic form and quite often the electronic form is the only form of modern work of art. Technologies have reached such a high level that it is possible to create the works of literature, art, science with the use of computer programs and with the use of artificial intelligence specifically. The objectives and principles, laid down in the international and national copyright legislation, remain reliable, but the relevant legislation must be focused on the future development, enforcing the protection of humans’ rights but not limiting the technological development of the society as a whole. In this article, European and Ukrainian legislation regarding the regulation of the legal relationships of creating the object with the use of artificial intelligence is being analyzed, the attention is being drawn to the peculiarities of the rules of Ukrainian legislation, which provide special protection for such objects by sui generis, but reserve the possibility for copyright protection thereof in case of their originality and the creative input of the human. On the basis of the provided analysis of the legal regulations, the problematic issues were highlighted, the most essential of which is the problem of the good faith of the participants of such relationships, specifically with regard to mentioning or failure to mention about the use of artificial intelligence – a fact that is crucial for granting or refusing copyright protection for such object. The aforementioned indicates the necessity to introduce the obligation to mention about the use of artificial intelligence system in course of the work`s creation, to establish clear criteria for defining the level of input of the human, necessary for the work to be considered as copyright object, and to provide possibilities for the competent authorities to perform examination thereof. Therefore, new issues arise for the society, requiring further researches and solutions. Key words: atypical object, copyright, original or unoriginal object, artificial intelligence, sui generis, legal regulation, protection, good faith of participants