Civil Law Aspects of Authorship of Digital Works Generated by Artificial Intelligence

Vollständiger Abstract

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The relevance of this topic is driven by the rapid development of artificial intelligence, which is capable of creating works rivaling the results of human labor. Current legislation, which focuses on the creativity of individuals, does not provide a clear legal status for the author of AI-generated works, creating uncertainty regarding the ownership of intellectual property rights and the legal use of such works, hindering their full civil circulation. The study is based on the integrated application of general scientific methods, such as induction, deduction, analysis, and synthesis, as well as specific legal methods—comparative legal and formal legal. Discussion. An analysis of civil legislation, scientific literature, and law enforcement practices allowed us to establish the legal status of the author and the criteria for creative contribution for works created using artificial intelligence technologies. Results. A substantiated approach is developed whereby an individual whose creative contribution is decisive in the creation of a result can be recognized as an author, even if artificial intelligence technologies were used to achieve it. Criteria for determining an author's creative contribution to the creation of a digital work are established. Proposals for improving current civil copyright legislation are formulated.