Review of the theoretical approaches regarding the legal protection of objects generated by artificial intelligence systems in the field of copyright and related rights

Abstract

Keywords: artificial intelligence, copyright, related rights, sui generis The publication provides a descriptive review of existingtheoretical approaches regarding the legal protection of objects generated byartificial intelligence systems in the field of copyright and related rights, namely.1) The inexpediency of legal protection of computer-generated objects. It is concludedthat the absence of legal regulation and free circulation of generated objects isconsidered the easiest option. Still, hardly fair and justified, as the creation of artificialintelligence systems requires large and significant investments in their development.2) The possibility of protecting computer-generated objects by copyright as originalworks. It has been established that extending the concept of «originality» to computergeneratedobjects seems unjustifiable.3) The introduction of the latest iteration of the fiction theory and establishing aspecial legal status for artificial intelligence systems. It is noted that such an approachseems premature because the existing artificial intelligence systems are amanifestation of «narrow» or «weak» artificial intelligence and not artificial generalintelligence.4) Protection of specific generated objects through related rights. It is concludedthat the objects generated by AI systems may be protected in Ukraine through theprism of related rights, under the condition that the relevant object can be attributedto a phonogram, videogram, or broadcast (program) of broadcasters respectively.5) Protection of generated objects through a special legal regime under copyrightlaw. It is described that this approach cannot be considered a universal example forimitating the legal protection of objects generated by computer programs because itsapplication leaves more questions and inconsistencies than solving the problem onthe merits.6) Protection of generated objects through sui generis law. It is assumed that applyingsuch an approach to the protection of objects generated by computer programswill not lead to significant changes in copyright and will protect the interests and investmentsof developers of artificial intelligence systems.