Artfcial Intelligence: A Creatve Player in the Game of Copyright

• Published in: European journal of law and technology Vol. 10; no. 1
• Main Author: Zibner, Jan
• Format: Journal Article
• Language: English
• Published: Coventry University of Warwick 01.01.2019
• Subjects: Copyright; Intellectual property; Property law
• ISSN: 2042-115X; 2042-115X

Artfcial intelligence (AI) may be understood in countless ways. However, it may be understood to be an entty sufciently simulatng the cognitve 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 protecton. Based on that we could call AI an author of such works. Nevertheless, despite all the development around intellectual property, AI is not refected enough. Copyright is stll 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 creatve optons, place in the world of intellectual property law, and to shif 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 interactons. In the beginning, the author's research is introduced with outlining all the intended proposed phases of regulaton of AI within the copyright law and the methodology suitable for such a move. In the second chapter, AI defniton and outcomes for the further operatng are presented as well as its creatve optons 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 natonal, supranatonal and internatonal level. The fourth chapter represents the critcal analysis and demarcaton of the main problematc fricton surfaces of copyright and earlier defned AI. The paper is concluded by an overall assessment of the analysis.