Rights to Intellectual Works Generated with Artificial Intelligence: A Russian View in the Global Context

Abstract

The broad use of artificial intelligence in creating intellectual works poses difficulties for legislators and courts in choosing the proper legal framework for such works and defining the place of artificial intelligence in the legal system as a whole. In this article, we shall study different models of regulating such issues and analyze the prospects and consequences of their use. We show that only a few of many different models for copyrighting AI-generated works are viable and that the most promising among them is the introduction of a special limited related right for the person who organizes the use of the AI application. This model resembles already existing civil law approaches to protecting the rights of phonogram producers, broadcasting and cablecasting organizations, and database creators. Thus, the inclusion of artificial intelligence into the IP domain does not require reconstructing the legal framework but only adapting existing approaches.