Artificial Intelligence: A Creative Player in the Game of Copyright

Jan Zibner


Artificial intelligence (AI) may be understood in countless ways. However, it may be understood to be an entity sufficiently simulating the cognitive aspects of human thinking. As such, AI can make valuable outcomes which are able to meet the individual conceptual features of copyrighted works and to gain copyright protection. Based on that we could call AI an author of such works. Nevertheless, despite all the development around intellectual property, AI is not reflected enough. Copyright is still based on the ideas of previous centuries and persists on the criterion of a natural person as the author. Therefore, it is needed to analyse AI in this context, its creative options, place in the world of intellectual property law, and to shift the paradigm of copyright towards the modern age, the age of AI.

The paper focuses on a rudimentary metanalysis of AI and copyright in mutual interactions. In the beginning, the author's research is introduced outlining all the intended proposed phases of regulation of AI within the copyright law and the methodology suitable for such a move. In the second chapter, AI definition and outcomes for the further operating are presented as well as its creative options which are rudimental for the assessment of the conceptual features. The third chapter deals with the copyright aspects of an AI itself focusing on an analysis of the applicable law on the national, supranational and international level. The fourth chapter represents the critical analysis and demarcation of the main problematic friction surfaces of copyright and earlier defined AI. The paper is concluded by an overall assessment of the analysis.

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