LEGAL REGIME OF WORKS OF ARCHITECTURE CREATED WITH THE APPLICATION OF ARTIFICIAL INTELLIGENCE

Abstract

In the article the question of determination of legal regime of the works of architecture created with application of artificial intelligence technologies are researched. It is defined that architectural activity is one of the most important activities, so an architect has increased responsibility for the creation of works of architecture and architectural objects. It is established that works of architecture as objects of copyright are characterized by a complex multi-stage process of their creation. It is said about both drawings and sketches, and about constructed buildings as well. It is emphasized that from the point of view of copyright, architectural activity is a broader concept than the creation of a work of architecture, because it includes both the actual creative process of finding an architectural solution and the technological process of building edification, including work of performers, whose activities are not creative. Moreover, the architect as a subject of copyright has both the right and the obligation to carry out architectural supervision, which is conditioned by his increased responsibility for the result of architectural activity. It is underlined that currently architectural activity is carried out with the help of modern IT technologies, in particular including artificial intelligence technologies, which can significantly replace human activity and create new original objects. However, it was concluded that artificial intelligence cannot be recognized as an object of copyright, especially if it is a work of architecture. Firstly, according to the current legislation of Ukraine and other countries, as well as scientific doctrine, only a human is a subject who can carry out intellectual, creative activity. Secondly, any activity in which artificial intelligence is used must be controlled by a responsible person, especially in such a socially important field as architecture. Copyright for an architectural object should be divided between the developer of artificial intelligence and the architect depending on the degree of use of the corresponding software product in the creation of the work of architecture and the contribution of the architect himself as a user of artificial intelligence.