AI Caravan Moves On. Does It Need Copyright Incentives?

Abstract

The Article aims to ascertain whether there is a genuine demand for granting copyright incentives with respect to AI-results.At first, the Article analyses whether AI-assisted and AI-generated objects are subject to copyright protection and, drawing onthe anthropocentric nature of copyright, answers in the negative. This conclusion does not apply when AI remains merely a tool in thehands of a human author.Then the Article evaluates arguments for and against the change of copyright law to provide AI with copyright incentives. Giventhe current level of AI, the Article finds granting copyright incentives and, consequently, protection to AI-assisted and AI-generatedobjects as premature and unjustified, at least now.The Article shifts the discussion on incentives from copyright to sui generis right. Such regime is expected to encourage deve -lopment of the AI industry as well as disincentivize unfair practices.

The Influence of Artificial Intelligence on Copyright Law

“…Without clear guidelines on authorship and ownership, these works exist in a gray area, potentially unprotected and subject to misuse. The lack of protection not only impacts creators and rights holders but also stifles innovation and the broader dissemination of AI-generated art and literature (Militsyna, 2021).…”

“…In the absence of clear rules regarding ownership, disputes may arise over profits generated from such works. This uncertainty can hinder the development and dissemination of AI technologies, as creators and investors may be reluctant to engage in projects without clear legal protections and benefits (Militsyna, 2021). Another challenge is the requirement of originality in copyright law, which necessitates a work to be independently created and possess a minimum degree of creativity.…”

“…In the United States, the Copyright Office has issued guidance stating that works produced by AI without human authorship do not qualify for copyright protection, aligning with the traditional view that copyright requires human creativity. This stance was highlighted in response to applications for copyright of AI-generated works, indicating a clear position that, under current law, AI cannot be an author (Militsyna, 2021). Another significant case is the ongoing discussion in the European Union regarding the Copyright Directive's application to AI-generated content.…”