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EUROPEAN UNION LAW IN THE FACE OF ARTIFICIAL INTELLIGENCE CREATIONS - SELECTED LEGAL ASPECTS
Adriana ZDANOWICZ-LEŚNIAK1
Regulacje prawne w obliczu cyfrowej rewolucji- wybrane aspekty
Publication language: Polish
Journal article
Transformations No. 2 (113) 2022, Publication date: 30 June 2022
Keywords: artificial intelligence, copyright, new technologies, work, EU law
Abstract The purpose of this article is to assess whether artificial intelligence (AI) creations are subject to copyright protection in the light of European Union law and the case law of the Court of Justice. The author argues that these creations de lege lata cannot be subject to the same protection as works, as they do not meet the criterion of originality related to the individual and his or her own intellectual creation. The article also addresses other legal aspects standing in the way of granting AI the status of author, i.e. the lack of legal personality of 'robots' or the potential problem of the inseparability of the idea and the manner of its expression that may accompany technological creations. However, given the popularisation of AI creations, granting them legal protection seems desirable. Instead of leaving this category of creations in the public domain, following the position of the European Parliament set out in the Resolution on Intellectual Property Rights in the Field of Developments in Artificial Intelligence Technologies (2020/2015(INI), the Author proposes to bring them under a new regime of intellectual property rights partly modelled on the British computer generated works or the American doctrine regulating works made for hire. The article also presents the benefits of legal regulation of AI creations in the form of an EU regulation, guaranteeing uniform law in this area for EU member states.
ORCID: 0000-0002-5844-518X
E-mail: ada.zdanowicz@gmail.com