Abstract
The paper focuses on the question whether the institution of collective work could be used as an inspiration in order to regulate the legal situation of computer-generated works. Technological progress makes the creation of art by artificial intelligence with only minimal human participation an increasingly popular phenomenon. For this reason, world literature more and more often discusses how to legally qualify algorithmic creativity. An interesting idea, proposed in January 2020 by French Superior Council of Literary and Artistic Property is to regulate the issue alike the institution of a collective work. The study of the nature of computer-generated creativity on the example of the Endel musical start-up conducted in this paper will help to understand the complexity of the problem of algorithmic creativity. It will be also a valuable introduction to the analysis of the institution of collective work in Polish and French law. This comparative study will be important in the context of assessing the French proposals for the legal qualification of algorithmic creativity and examining to what extent the model of the collective work can be applied to computer-generated works in Polish copyright law.
Highlights
It is estimated that there is a 50% chance that in 2040 artificial intelligence[1] will equal human intelligence, and the probability will rise to 90% in 20752
It will be a valuable introduction to the analysis of the institution of collective work in Polish and French law. This comparative study will be important in the context of assessing the French proposals for the legal qualification of algorithmic creativity and examining to what extent the model of the collective work can be applied to computer-generated works in Polish copyright law
In that respect the concept proposed by the French Superior Council of Literary and Artistic Property could be considered
Summary
It is estimated that there is a 50% chance that in 2040 artificial intelligence[1] will equal human intelligence, and the probability will rise to 90% in 20752. With the emergence of new artistic initiatives, the way of perceiving the role of AI, previously defined as a tool for creating a work, and today as an independent creator, is changing. This new trend and greater independence of AI appearing as ability to make creative, difficult to predict and non-obvious choices about the elements of the work contributes to the uprising of practical legal problems. According to the Polish Copyright Act[4], moral and economic rights can be assigned exclusively to human beings. Since the requirement of human creation in the Polish Copyright Act is not literally indicated, it is worth considering
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