Risks to Employees’ Intellectual Property Rights Posed by Artificial Intelligence

Abstract

Artificial intelligence (AI) is one of the disruptive technologies, causing new and unforeseen social problems and uncertainty about how these problems should be solved. One such problem area is granting the status of author or inventor to AI in the area of intellectual property protection. One of the risks of giving AI this status is damage to workers’ interests. Currently, employees can benefit from statutory guarantees concerning their creative results. Such existing regulation contributes to ensuring fair remuneration for creative workers and allows them to participate in the commercial success of their creative activities. The development of AI and related regulatory changes may undermine employee guarantees. The article distinguishes and analyses four scenarios – not protecting objects created by AI, granting rights to AI, allocating rights to the employer, or granting them to the employee. The consequences of each choice are evaluated from the point of view of the interests of the employees.