Abstract
AbstractThis paper examines the legal policy for copyright protection of artificial intelligence (AI) generated‐works that are autonomously created by AI models without a human's creative process in Japan from the perspective of a comparative law analysis between Japan and the United Kingdom. In summary, this paper concludes that the legal policy‐making approach for copyright protection of AI‐generated works within the framework of Japanese copyright law should involve: (a) addressing concerns about legal consistency through careful selection of a legislative measure; and, therefore, (b) directing the focus of legal policy discussions towards considerations of legal eligibility, moving beyond discussions on legal consistency. This entails an analysis of the strict necessity for copyright protection of AI‐generated works within the prevailing social environment in Japan. First, the focal point of the legal eligibility discussions should focus on a possible loss of market demand for human creations and necessity of social defence to human creations (social defence function for human creations logic) in Japan. In addition, based on the social incentive protection theory, it should be emphasised that the second purpose of incorporation of copyright protection for AI‐generated works under Japanese copyright law is to promote future Japanese industry's investment in AI technologies (AI industry's investment promotion logic), which will indirectly contribute to the cultural advancement in society (Berne Convention's cultural advancement logic). The author expects that the conclusion presented in this paper will accelerate more intensive social scientific analysis work on legal eligibility of the legal policy for copyright protection of AI generated‐works.
Published Version
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