Lack of copyright protection in AI-generated works : a new form of protection
Ryynänen, Iina (2024)
Ryynänen, Iina
Lapin yliopisto
2024
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe2024062056220
https://urn.fi/URN:NBN:fi-fe2024062056220
Tiivistelmä
This thesis concentrates on the issue of intellectual property protection of works generated by artificial intelligence. The aim is to ascertain that AI-generated works do not currently have intellectual property protection and suggest how this issue can be rectified. This is examined by first concentrating on the lack of human authors in artificially generated works. It is examined if AI can be an author and if the author could be the creator of the AI or the user of the AI. The conclusion is that there is no author in generated works and thus no copyright protection either. Secondly, whether artificially generated works can at all gain copyright protection is examined. This is done by analysing if artificially generated works can reach the threshold of originality. It is deemed they cannot reach it due to the strong requirement of human creativity behind the originality requirement. Due to these two issues, it is clear that a change in intellectual property rights is necessary to protect these generated works. The interest in protecting these works and not just letting them fall into the public domain comes from the need to encourage innovation in the field of artificial intelligence. The possibility of not being able to utilise generative artificial intelligence fully would hinder the financing of research and development of AI. This is why a solution to the issue is proposed in the form of a new neighbouring right to copyright, allowing users of generative artificial intelligence to use the generated works exclusively.
Kokoelmat
- Pro gradut [4371]