Copyright and artificial intelligence

Copyright for works created by AI

In many countries, the generally accepted view is to recognize only a person as the creator of a work. This is primarily due to the fact that art is such an open and subjective topic that everyone can interpret it in their own way. Following this view, it cannot be said that an animal, nature or artificial intelligence can be the authors of works, because their work is motivated by completely different factors than in the case of humans. The Court of Justice of the European Union emphasized that the artist’s work is primarily a reflection of his intellectual creativity. At the same time, Art. 1 of the Act of February 4, 1994 on Copyright and Related Rights clearly states that “The subject of copyright is any manifestation of creative activity of an individual nature.” Can we then talk about creative activity, additionally characterized by the author’s intellectual involvement, in the case of artificial intelligence?

Currently, the biggest problem with the dynamic development of AI is the complete lack of legal regulation of the above-mentioned aspects. Of course, more and more case law on this issue is gradually emerging, but the vast majority of countries where artificial intelligence is used do not have specific regulations that clearly regulate these issues.

At this point, when generating content with the help of AI, we should pay attention primarily to the regulations of the websites we use. They primarily regulate the rights to the content we generate, and their violation may involve legal liability resulting from the violation of contractual provisions of the website through which we generated the content we are interested in.