AI's Outcomes and Copyright: Friends or Enemies?

ZIBNER, Jan. AI's Outcomes and Copyright: Friends or Enemies? In 6th International Research Forum on Law and ICT/IP. 2018.

Basic information

• Original name: AI's Outcomes and Copyright: Friends or Enemies?
• Authors: ZIBNER, Jan (203 Czech Republic, guarantor, belonging to the institution).
• Edition: 6th International Research Forum on Law and ICT/IP, 2018.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Germany
• Confidentiality degree: is not subject to a state or trade secret
• RIV identification code: RIV/00216224:14220/18:00104443
• Organization unit: Faculty of Law
• Keywords (in Czech): Umělá inteligence
• Keywords in English: Artificial Intelligence
• Tags: International impact, Reviewed

Abstract

Nowadays, artificial intelligence (AI) can “create” valuable outcomes which may possible meet the individual conceptual features of copyrighted works and gain the copyright protection. From the well-known examples, we can mention the projects Next Rembrandt, the platform HumTap and a lot of others, where there is no doubt of AI’s outcomes quality. Based on that, we could call AI an “author” of such works. However, despite all the development around the intellectual property, AI is not reflected enough, and copyright is still based on ideas of previous centuries. Speaking of AI’s outcomes, current copyright system is mostly based on the principle that the author shall be only a natural person, and possible creative activity of an AI is not counted. Therefore, it is needed to analyse AI in this context, its creative capability, its place in the world of intellectual property law, and to shift the paradigm of copyright towards the modern age, the age of AI. Besides that, it is important to focus on justification of AI in the position of an author, i.e. to search for an answer to “Why it is needed to consider possible role of AI as an author”. The author will therefore focus on a descriptive assessment of the real state and the introduction of possibilities of how to protect the AI’s outcomes. For this purpose, it is necessary to examine what outcomes are created by an AI, how the law and individual entities operate (or can operate) with such outcomes, what are their options on this issue, and what are the main reasons for the currently set framework. The same goes for the justification part. What are the main arguments of why to deal with an AI in that sense and why it is important to analyse that question. The aim is to evaluate the status quo to and to narrow the idea of the possibilities and limits of re-systematization of copyright where copyright is built on the authorship of natural persons.

Links

• MUNI/A/1146/2017, interní kód MU: Name: Umělá inteligence jako technologická výzva autorskému právu

Investor: Masaryk University, Category A