The Legal Regime of the AI Generated Results: Anthropocentrism vs. Transhumanism in the Field of Intellectual Property Law

Abstract

Rapid development of technology suggests the advent of a new industrial revolution. Artificial intelligence technology is one of the driving forces of this process that has an increasing impact on socioeconomic relations, changing ideas about the limits of human capabilities in the field of information analysis and data processing. The role of artificial intelligence is not limited to information processing, since its functioning is also aimed at generating creative content. The academic literature indicates that the development of artificial intelligence technology will lead to «seismic» social and economic consequences. It will have a devastating impact on legislation, in particular in the field of intellectual property. The paper defends the thesis that the technological and transhumanistic revolution in intellectual property law has not taken place. The fundamental idea that only a human is the creator provides the basis of intellectual property rights. As a general rule, the results generated by artificial intelligence should remain in the public domain, since neither software developers using artificial intelligence technology nor its users have the right to privatize the intellectual and cultural heritage of human society. The arguments of the authors, who believe that the transfer of the results generated by artificial intelligence into the public domain deprives the developers of this technology of economic incentives are unconvincing. Artificial intelligence technologies have their own economic incentives that justify investments in this area. The new practice of generative artificial intelligence providers to assume the property risks of their users justifies this approach. It can be stated that conditions are emerging for establishing a general model of tort liability for violation by generative intelligence providers of the exclusive rights of authors and other copyright holders.