Legal research of the regime of objects created by artificial intelligence

Q1 Arts and Humanities
E.M. Kosyanenko
{"title":"Legal research of the regime of objects created by artificial intelligence","authors":"E.M. Kosyanenko","doi":"10.51634/2307-5201_2021_4_90","DOIUrl":null,"url":null,"abstract":"The topic of this article is social relations arising in the process of commercialization of objects created with the participation of artificial intelligence. The author examines the correlation between the subjective component of creative ac tivity and the objective uniqueness of the work of artificial in -telligence, the possibility of recognizing robots as authors and copyright holders of new works of literature, art or science. The purpose of the article is to analyze the legal regime of new objects obtained as a result of human interaction with trained and self-taught programs and answer the following controver sial questions of modern intellectual law: can the product of artificial intelligence be qualified as an object of intellectual property rights; who is the author and copyright holder of new objects if they (objects) are created in the process of some independent « creative » activity of robots; what intellectual rights arise for new objects created by independent self-learn ing artificial intelligence. The work was based on the methods of comparative legal analysis of the current norms of Russian and international intellectual law, the formal legal method of research and expert assessment of the modern doctrine of in tellectual law. The scientific novelty can be traced in the main conclusions of the author, which can be used, in particular, when discussing the draft WIPO policy in the field of intellectual property, which is actively discussed by the world community. According to the author, it is extremely important to regulate activities in the field of creation and management of stable neural networks, entropy technologies, evolutionary and cloud computing at the international and national levels as soon as pos -sible. Due","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"18 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law, Religion and State","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.51634/2307-5201_2021_4_90","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0

Abstract

The topic of this article is social relations arising in the process of commercialization of objects created with the participation of artificial intelligence. The author examines the correlation between the subjective component of creative ac tivity and the objective uniqueness of the work of artificial in -telligence, the possibility of recognizing robots as authors and copyright holders of new works of literature, art or science. The purpose of the article is to analyze the legal regime of new objects obtained as a result of human interaction with trained and self-taught programs and answer the following controver sial questions of modern intellectual law: can the product of artificial intelligence be qualified as an object of intellectual property rights; who is the author and copyright holder of new objects if they (objects) are created in the process of some independent « creative » activity of robots; what intellectual rights arise for new objects created by independent self-learn ing artificial intelligence. The work was based on the methods of comparative legal analysis of the current norms of Russian and international intellectual law, the formal legal method of research and expert assessment of the modern doctrine of in tellectual law. The scientific novelty can be traced in the main conclusions of the author, which can be used, in particular, when discussing the draft WIPO policy in the field of intellectual property, which is actively discussed by the world community. According to the author, it is extremely important to regulate activities in the field of creation and management of stable neural networks, entropy technologies, evolutionary and cloud computing at the international and national levels as soon as pos -sible. Due
人工智能创造的客体制度的法律研究
本文的主题是人工智能参与创造的物品在商业化过程中产生的社会关系。作者考察了创造性活动的主观成分与人工智能作品的客观独特性之间的相关性,以及将机器人识别为文学、艺术或科学新作品的作者和版权所有者的可能性。本文的目的是分析人类与经过训练和自学的程序相互作用而获得的新客体的法律制度,并回答以下现代知识产权法的争议问题:人工智能的产品是否有资格作为知识产权客体;如果新对象(对象)是在机器人的一些独立的“创造性”活动过程中创建的,那么谁是新对象的作者和版权所有者;独立自主学习的人工智能创造的新物体会产生什么样的知识产权?这项工作基于对俄罗斯和国际知识产权法现行规范的比较法律分析方法,正式的法律研究方法和对现代知识产权法学说的专家评估方法。科学新颖性可以从作者的主要结论中追溯出来,特别是在讨论国际社会积极讨论的WIPO知识产权领域政策草案时可以使用。作者认为,尽快在国际和国家层面规范稳定神经网络、熵技术、进化和云计算领域的创建和管理活动是极其重要的。由于
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
Journal of Law, Religion and State
Journal of Law, Religion and State Arts and Humanities-Religious Studies
CiteScore
1.70
自引率
0.00%
发文量
5
期刊介绍: The Journal of Law Religion and State provides an international forum for the study of the interactions between law and religion and between religion and state. It seeks to explore these interactions from legal and constitutional as well as from internal religious perspectives. The JLRS is a peer-reviewed journal that is committed to a broad and open discussion on a cross-cultural basis. Submission of articles in the following areas: religion and state; legal and political aspects of all religious traditions; comparative research of different religious legal systems and their interrelations are welcomed as are contributions from multidisciplinary and interdisciplinary perspectives.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信