Legal Protection of Works Generated by Artificial Intelligence Systems

Abstract

The article examines the most promising models of legal protection for works generated by artificial intelligence (AI), taking into account the specifics of copyright law and the dynamics of technological development. It is established that due to the anthropocentric approach to authorship, the legislation of most countries does not ensure copyright protection for AI-generated works. Even the concept of computer-generated works, introduced in the legislation of some jurisdictions, does not fully resolve the complex issues arising from the creation of works involving AI. However, it grants authorship to those who develop and operate AI systems. In contrast, another concept treats AI-generated works as part of the public domain. While this approach may benefit society as a whole, it proves disadvantageous for those who invest in and utilize AI systems. The article also analyses the emerging concept of “electronic persons,” which proposes attributing legal personality to autonomous AI systems. This approach is considered more flexible, as it allows the AI system itself to hold copyright, while enabling the owner to exercise control over its implementation. However, this model requires further technological progress and legal recognition, potentially linked to the development of Artificial General Intelligence (AGI). Attention is drawn to the fact that Ukrainian legislation already contains norms regulating relations concerning AI-generated objects, granting them a sui generis form of protection. However, such protection applies only to non-original objects and does not include moral rights. Therefore, the article emphasizes the insufficiency of the existing regulatory framework and the need to improve it, taking into account technological developments and international legal trends.