Artificial Intelligence as Possible Author

ZIBNER, Jan. Artificial Intelligence as Possible Author. In Intellectual Property in Transitions: (Re)-Imagining Intellectual Property. 2018.

Basic information

Original name

Artificial Intelligence as Possible Author

Authors

ZIBNER, Jan (203 Czech Republic, guarantor, belonging to the institution)

Edition

Intellectual Property in Transitions: (Re)-Imagining Intellectual Property, 2018

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Other information

Language

English

Type of outcome

Prezentace na konferencích

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

RIV identification code

RIV/00216224:14220/18:00102995

Organization unit

Faculty of Law

Keywords in English

Artificial Intelligence; Author; Creativity; Copyright; Metanalysis

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Abstract

V originále

The artificial intelligence (AI) itself is a polysemic term. However, it can be understood to be an entity sufficiently simulating the cognitive aspects of human thinking. As such AI is able to produce valuable creations possible to meet all the individual conceptual features of copyrighted works and gain the copyright protection. Based on that we could call AI an author of such copyrighted works. But despite all the development around the intellectual property, AI is not reflected enough in sense of legal certainty. Copyright is still based on ideas of previous centuries and still in the most of national legal systems persists on criterion of natural person as the author. Therefore it is needed to analyse AI in this context with the emphasis on the creative capability of AI, and thus shift the paradigm of copyright towards the AI as an author. The paper therefore focuses on the rudimentary metanalysis of AI and copyright in mutual interactions preparing a theoretical background and an evaluation of the baseline for the future work of author. What is the needed model of AI, its applicable definition to work with? How to operate with AI in context of copyright? What are the crucial questions of copyright towards AI, and how to possibly answer them? These are the main research questions of this paper, author aims to answer. The paper itself proceeds as follows. At the beginning, author’s research is introduced with outlining all the intended phases. In the second chapter, possible AI definition is presented with the answers to what fundaments such definition needs to contain and what is the necessary extent to work with. The third chapter deals with copyright aspects focusing on analysis of the applicable EU and Czech national copyright law. The fourth chapter represents the critical analysis and demarcation of main problematic friction areas of copyright and earlier defined AI. The paper is concluded by overall assessment of the analysis and introducing all the question for the following research.