The Impact of Developments in Artificial Intelligence on Copyright and other Intellectual Property Laws

Abstract

Objective: The objective of this study is to investigate the impact of AI breakthroughs on copyright and challenges faced by intellectual property legal protection systems. Specifically, the study aims to analyze the implications of AI-generated works in the context of copyright law in Indonesia. Method: The research employs a normative legal approach, utilizing secondary data sources including books, legal journals, research findings, and statutory regulatory documents. The study focuses on relevant legal frameworks, such as Law No. 28 of 2014 governing copyright in Indonesia. The analysis is based on existing literature and legal documents to understand the current state of AI-generated works and their eligibility for copyright protection. Result: The research findings reveal that according to Law Number 28 of 2014 in Indonesia, AI-generated works do not meet the originality standards required for copyright protection. However, users of AI-generated works are still bound by the terms and conditions set by the AI platform, which can limit their rights to the work. The impact of AI developments on copyright law includes challenges related to determining creators and copyright holders, redefining the concept of originality, increased instances of copyright infringement, issues concerning moral and personality rights, and collaborations involving both humans and AI. Additionally, challenges related to database protection and patent protection in the context of AI are also highlighted. Conclusion: In conclusion, the advancement of AI technology introduces complexities in intellectual property law. The existing legal frameworks, such as copyright laws, need further adaptation and clarification to effectively regulate AI-generated works in the digital era. Addressing issues related to originality, creatorship, and collaborative works involving AI requires careful consideration and legal adjustments. Additionally, challenges related to database and patent protection in the realm of AI need to be addressed to ensure comprehensive intellectual property protection in the face of evolving technologies. Legal adaptation and clarification are crucial to navigating the intricate intersection of AI and intellectual property law.