PROTECTION OF OBJECTS CREATED WITH THE USE OF ARTIFICIAL INTELLIGENCE IN COPYRIGHT IN UKRAINE: CURRENT STATE AND PROSPECTS FOR DEVELOPMENT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)Publication Date: 2024-06-30
Authors : Godlevskyi Vitalii;
Page : 126-132
Keywords : artificial intelligence; copyright; non-original object; computer program; intellectual property right; sui generis;
Abstract
Introduction. The article examines the peculiarities of legal protection of objects created with the use of artificial intelligence technologies in Ukrainian copyright. Objective. The publication is aimed at reviewing the latest copyright legislation of Ukraine in the field of copyright in terms of protection of objects created with the use of artificial intelligence technologies, disclosing the category of “artificial intelligence” and outlining the challenges that society faces in connection with its widespread implementation in various spheres of human life, and to outline the shortcomings of existing regulations in the field of regulation of relations concerning the protection of non-original objects generated by software programs and to identify ways to improve them. Materials and methods. The research materials are the regulatory and legal regulation of relations in the field of copyright protection, as well as the works of domestic and foreign authors in the field of copyright protection of the results of innovative activities in the field of protection of objects created using artificial intelligence technologies. Results. One of the main challenges faced by the modern industrial system is to determine the legal framework for their use of innovative solutions based on the application of artificial intelligence technologies, and to outline the legal regime of objects created in connection with the use of artificial intelligence, and the rights and obligations of their subjects. The article argues that artificial intelligence, as the ability of automated computers to process data to solve complex problems, functions on the principle of “mixing”, which results in a new object that borrows a style from others. In this aspect, artificial intelligence does not copy the result of the author's work, but only applies the concept or method of creation of the original author. Prospects Despite the ongoing discussions within the legal doctrine and among legal practitioners regarding the nature, legal regime and content of rights to objects created with the help of artificial intelligence technologies, the legislator has attempted to regulate these relations in the provisions of the Law of Ukraine “On Copyright and Related Rights” by applying the construction of sui generis rights to non-original objects generated by a computer program. These provisions of the Law are the first attempt to legislatively regulate copyright relations related to the use of objects created using artificial intelligence technologies in Ukrainian legislation.
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