COPYRIGHT FOR PUBLICATIONS USING ARTIFICIAL INTELLIGENCE SYSTEMS

Abstract

In connection with the development of artificial intelligence and technologies based on artificial intelligence systems, problems have arisen in determining the legal personality of artificial intelligence in relation to intellectual property objects created with the help of or even by artificial intelligence itself, operating autonomously. The World Intellectual Property Organization (WIPO) is working to study and discuss problems and issues related to the use of artificial intelligence technologies and systems to determine intellectual property policies. To discuss problems related to artificial intelligence, WIPO initiated special discussions among the member states of this global organization with the participation of scientists and specialists, which took place in 2019–2020 in Geneva, at WIPO headquarters. The discussions were organized on the basis of a special questionnaire proposed by WIPO.

The author of this article also took part in the discussion of these discussion questions in absentia, the research results of which were published in the well-known journals “E-Management” and “Intellectual Property Law” in 2020 and 2021, respectively. The issues concerning copyrights to works of science, literature, and art created with the help of, and by artificial intelligence in autonomous mode, were considered on the basis of discussion questions 6, 7, and 9 for these cases of intellectual property rights.

As a result, the main conceptual principles proposed by the author to the WIPO discussion questionnaire are as follows: 1) the rights of authorship and ownership of intellectual property objects, in particular on objects of copyright protection, should be provided to an animate subject — a person (collective) — a developer of artificial intelligence with the latter being fixed as a sub-subject or instrument of the subject of law; 2) artificial intelligence should serve as a tool for enhancing human creative potential, taking into account freedom of creativity, but with additional measures of responsibility provided. It is also proposed that in the case of using artificial intelligence systems in publications and reports, the authors of these publications and reports be required to indicate these artificial intelligence systems, the materials and data of which were used. Otherwise, equate these publications and reports to plagiarism.