Results of Generative Artificial Intelligence: Issues of Legal Regulation

Abstract

The paper examines the role of artificial intelligence in modern technological processes. The active introduction of artificial intelligence into various spheres of society leads to increased production efficiency through the use of neural networks. At the moment, there are numerous examples of the introduction and operation of artificial intelligence. In this regard, a global expert group has conducted numerous studies in the field of digital technologies, which makes very reasonable forecasts of productivity improvement and positive impact on the economy through the use of innovative technologies. The paper pays special attention to generative artificial intelligence that creates new content based on the provided data and deep learning methods. Generative artificial intelligence has features that distinguish it from artificial intelligence in general. The paper analyzes the EU law on artificial intelligence, as well as the standing of the European Parliament and the International Commission for Harmonization on the relationship between artificial intelligence and intellectual property law. The author notes the lack of a unified approach in determining the legal status of a work created by generative artificial intelligence. In the context of this issue, the author examines the cases of creating a work entirely or partially by generative artificial intelligence. The issue of identifying criteria for recognizing a work as creative is emphasized. The ambiguity of using copyrighted data to train generative artificial intelligence requires special attention. Judicial practice in foreign countries underlines the relevance of these issues. In general, the apaper is a comprehensive study of the legal status of works created by generative artificial intelligence from the point of view of copyright. The work contains various approaches, and such an ambiguous legal position of such objects indicates legal gaps in this area.