Artificial intelligence and copyright

Abstract

Key words: copyright, work, artificial intelligence, computer program In the article, the problemsof legislation of Ukraine regarding the issues of copyright on works created due to artificialintelligence were analyzed. Particularly, who is the owner of copyright ofworks created due to artificial intelligence. On the one hand, it could be a developer ofa computer program, from the other hand, it could be a client or an employer. Because,it could happen that there is a situation when robots created something newand original, e.g., how it happened with the project “New Rembrandt”. In this case,computers created a unique portrait of Rembrandt. And here is a question, where isin this portrait original and intellectual works of developers of these computers andprograms. In the contrast, this portrait could be created without people who developedspecial machines, programs, and computers. The article’s author proposes to addinto Ukrainian legislation with following norm: the owner of the copyright createddue to artificial intelligence should be a natural person who uses artificial intelligencefor these purposes within the official relationship or on the basis of a contract. In caseof automatic generation of such work by artificial intelligence, the owner of copyrightshould be the developer.Also, another question arises, particularly, who will be responsible for the damagecaused by the artificial intelligence. As an example, of the solution for this issue Resolution2015/2103 (INL) was given, where is mentioned that human agent could be responsiblefor the caused damage. Because, it is not always a developer is responsiblefor the damage.Also, the legislation and justice practice of foreign countries was explored. Theways of overcoming mentioned problems in legislation of Ukraine were proposed.Such as changing our legislation and giving the exact explanation in who is the ownerof copyright on works created due to artificial intelligence and in which cases this personcould become an owner of the copyright. However, probably, these issues shouldbe resolved at international level regarding globalization.