Vitaliy Kalyatin

Establishing of Subject of Rights to Intellectual Property Created with Use of Artificial Intelligence

2022. No. 4. P. 24–50 [issue contents]
Artificial Intelligence (AI) applies now in all areas of the mankind activity, including creation of new films, music, modern technologies, etc. However, active use of AI during creation of intellectual property causes substantial problems for legislator and courts concerning definition of relevant legal regime of such works and finding the place of artificial intelligence in the legal system. Even the notion of AI is still the subject of discussion, all the more so there are active discussions regarding definition of a subject of rights to products created by AI.Traditional regulation requires protection of IP with human’s activity, and, in the framework of continental legal system, creativity. As a result firms applying AI indicate fictive authors to protect relevant intellectual property. In the doctrine some variants of protection of such works are suggested, including protection of rights of AI developer, person who organized of artificial intelligence, investor, AI’ user, AI itself, etc. In the article possible models of regulation are analyzed as well as perspectives of its implementation and possible results. The main conclusion is that among the many possible variants of definition of rights to the works created by artificial intelligence, only few deserve attention among which option of introduction of specific limited related rights of a person who organized of artificial intelligence is the most perspective. This model is similar with constructions are used in the civil law: phonograms producer rights, air and cable broadcasting bodies rights, database producers’ rights. There is some experience of use of such model in several countries. Thus, use of artificial intelligence in the intellectual property sphere requires developing of existing legal regimes rather than substantial reconstruction of the legal regulation.
Citation: Kalyatin V.O. (2022) Establishing of subject of rights to intellectual property created with use of artificial intelligence. Law. Journal of the Higher School of Economics, vol.15, no. 4, pp. 24–50 (in Russ.) DOI:10.17323/2072-8166.2022.4.24.50.
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