Theoretical Basis and Implications of Implementing the Sui Generis Right to Non-Original Objects Generated by a Computer Program
Daniil Shmatkov · INFORMATION AND LAW · 2025
The article analyzes the new model of legal protection for non-original objects generated by artificial intelligence, introduced in Ukraine. Special attention is paid to Article 33 of the Law of Ukraine "On Copyright and Related Rights," which establishes a sui generis right to such objects with a duration of 25 years. The study compares this model with the fundamental theories of intellectual property (utilitarian, economic, personality-based, natural law, etc.) and evaluates its consistency with the principles of copyright. It also examines the interaction between national regulations and the terms of use of popular digital platforms, which have their own rules for the allocation of rights to content. The results reveal additional factors influencing the sui generis regime through the contractual practices of digital services, as well as confirm and expand concerns regarding the devaluation of copyright. The article emphasizes the need for further harmonization of regulations and a flexible approach to determining the legal status of AI-generated outputs.