Redesigning Indonesia Copyright Act to Accommodate Autonomous Intelligent System: Status Quo and Room for Improvement

Abstract

Abstract It is an undeniable fact that artificial intelligence has been developed up until the point that it requires a very minimum human involvement. In other words, the current development has brought an Autonomous Intelligent System (AIS) into reality. On one hand, an AIS plays a significant role in creating easier life for human being. On the other hand, however, AIS’ existence creates too much challenge for the current legal framework. In the realm of Copyright law, the very fundamental question is based on the fact that AIS can create copyrightable works on its own. It can create songs, music, paintings, or even a cook-book. In such kind of circumstances, scholars have a thought-provoking debate on whether or not AIS shall be given Copyright. It is the purpose of my research to take a look into Indonesia’s current Copyright Act to analyse (i) to what extent Indonesia’s Copyright Act can be utilised to accommodate AIS and (ii) the aspects of Copyright Act need to be improved in order to accommodate AIS in the Indonesia’s Copyright Act. In order to address the research objectives, I use normative approach by way of literature study. The temporary data gathered from my literature study is then analysed qualitatively in order to reach desirable conclusion. This study finds that (i) there is a very minimum provision with regard to AIS in the Indonesia’s Copyright Act. There have been stipulations to determine who shall be entitled to hold copyright upon a creation. However, there has not been any stipulations allowing the possibility for AIS to be regarded as copyright holder; and therefore (ii) the re-design of Indonesia’s Copyright Act need to accommodate the issues of (a) copyrightability of AIS’ work, (b) the moral rights and economic rights given to AIS, as well as (c) the duration of protection if AIS is to be regarded as a copyright holder.