Impact of Artificial Intelligence on the Criteria of Originality in Copyright Law

Abstract

With recent technological advances in the field of artificial intelligence, new questions arise regarding the determination of copyright in works created using artificial intelligence technologies. This article examines the criterion of originality of a work in the legal systems of different countries and its importance for providing legal protection by copyright law to objects created with the use of artificial intelligence. Originality acts as a subjective criterion for determining the possibility of legal protection of a work as an object of copyright. Attention is focused on the lack of a single approach to establishing the originality of the work in the characterized countries. In particular, in the EU, the originality of a work is reduced to the personal creation of the author, in the USA — to the minimal creative contribution of the person-author, in United Kingdom — to its creation by the work and skills of a person, his or her efforts, in Ukraine — it is reduced to the criterion by which the work is characterized, which is the result of the author’s own intellectual creative activity, as well as a reflection of his or her creative decisions made during the creation of such a work. It is noted that all countries at the current stage are focusing their attention on the development of new legislation in the field of copyright regulation of objects created using artificial technologies, which is due to the desire for innovation and the introduction of modern digital technologies and artificial intelligence. That is why in the law-making process it is important to ensure that legal norms are flexible and correspond to changes in the technological environment, allowing to promote innovation and cultural development. Overall, it makes a valuable contribution to understanding the contemporary challenges of changing technologies and the impact of artificial intelligence on copyright law. It emphasizes the need for a balance between protecting the rights of creators and ensuring access to new technologies and innovations for the general benefit of society. Legal challenges related to determining authorship of works generated by artificial intelligence are discussed. The importance of further scientific research in this area is noted.