On the Concept of Artificial Intelligence and the Legal Regime of AI-Generated Results without the Creative Participation of an Individual

Abstract

The paper examines the concept of “artificial intelligence”. It is proposed that when building a definition of this concept we proceed from the “black box” principle, which, according to the author, will make such definition universal and independent of the level of current technological development.The author investigates the question of whether a work generated by artificial intelligence without the creative participation of an individual can be equated with works protected by copyright. Based on the concept of recognition of copyright on works of science, literature or art based on the creative result proposed in the legal doctrine, the author concluded that AI-generated works are comparable to the results of human intellectual activity.The main approaches to determining the legal regime of AI-generated works in domestic legal doctrine and foreign legislation are considered. The author proposes an approach to regulating copyright on the works in question, similar to the legal regime for the protection of works of science, literature or art after the death of the author.