COPYRIGHT IN TEACHING AND USING ARTIFICIAL INTELLIGENCE: LAW AND PRACTICE WITH ETHICAL ASPECT IN UKRAINE AND ABROAD

The article is devoted to issues of theory and practice in the field of learning and using artificial intelligence. With the use of formal-legal, comparative-legal, systemic-structural, axiological and teleological methods, the current legislation of Ukraine, which regulates the issue of copyright and special rights related to the use of artificial intelligence, as well as foreign legislation and law enforcement practice, was studied in this area, taking into account the principles of justice, good faith, reasonableness, as well as ethical issues. Considered two lawsuits filed in the US to protect the rights of authors whose works, artistic and literary, were used to so-called «training» models of generative artificial intelligence, which, respectively, generate images and texts. The arguments and examples used by the plaintiffs to substantiate their claims are considered, and it is emphasized that it is a question of violation of property rights of authors, as well as personal, non-property, valuable and ethical aspects of authorship. The arguments of companies developing artificial intelligence regarding possible changes to the current US legislation regarding the use of works for training artificial intelligence have been studied. The main argument is the need to ensure the development of innovative technologies in the public interest. At the same time, the article emphasizes the need to ensure a balance between public and state interests, the interests of IT companies and the rights of authors, which will depend on the field of potential application of artificial intelligence and its impact on the state economy. The issue of copyright on the results of the use of artificial intelligence is also analyzed, with an emphasis on originality, an evaluative concept that makes it possible to distinguish works from objects of a special kind of law. It is noted that the legal practice of providing copyright protection in the PRC is characterized by a higher probability of such protection for objects generated by artificial intelligence, however, the approach introduced in Ukraine, where only a person can be the author of a work, seems more balanced and ethical.