THE ROLE OF ARTIFICIAL INTELLIGENCE IN INTELLECTUAL PROPERTY: SOCIAL AND LEGAL PROBLEMS OF CREATIVITY

  • Mikhail A. FEDOTOV National Research University “Higher School of Economics”, Moscow, Russian Federation https://orcid.org/0000-0002-2591-1770
  • Viktor B. NAUMOV State and Law Institute of the Russian Academy of Sciences, Moscow, Russian Federation https://orcid.org/0000-0003-3453-6703
  • Ruslan A. BUDNIK National Research University “Higher School of Economics”, Moscow, Russian Federation https://orcid.org/0000-0001-8076-1560
  • Ekaterina V. TYTIUK Legal firm «Nextons»
Keywords: intellectual property rights, copyright, artificial intelligence, computer creativity, theory of creativity, works of art, derivative works, user of a creative work, remuneration for the use of a creative work

Abstract

The creation of creative products using generative neural networks and other artificial intelligence technologies has become part of the everyday practice of citizens. This phenomenon naturally raised questions about the attitude of users towards works created directly or using artificial intelligence technologies. The massive adaptation of creative tools, enhanced by artificial intelligence technologies, has updated the discussion in the legal community about the nature and mechanics of creativity, the ownership and distribution of copyrights, and remuneration for the use of works created using such tools. The purpose of this article is to publish and analyze the results of a survey of citizens on the question of their attitude towards creative products that are fully or partially created by artificial intelligence. The research methodology is based on studying respondents’ reactions to questions whose relevance is indicated by scientific literature and the news agenda. The suggested answers represent the most relevant options found in a series of preliminary interviews conducted by organizers with potential voters. The result of this article was the author’s analysis of the results of the targeted research, which made it possible to detect and generalize sociocultural trends in the attitude of citizens to the creativity of artificial intelligence, mentally construct, and predict their development.

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Author Biographies

Mikhail A. FEDOTOV, National Research University “Higher School of Economics”, Moscow, Russian Federation

M.A. Fedotov — Doctor of Legal Sciences, Professor, Director of the International Scientific and Educational Center “UNESCO Chair on Copyright, Neighboring, Cultural and Information Rights” at the National Research University “Higher School of Economics”, Honorable Lawyer of the Russian Federation

Viktor B. NAUMOV, State and Law Institute of the Russian Academy of Sciences, Moscow, Russian Federation

V.B. Naumov — Principal Researcher of the Information Law and International Information Security Sector of the Institute of Information Law of the Russian Academy of Sciences, Managing Partner of the St. Petersburg office of Nextons law firm, Head of the “Preserved Culture” Project, Doctor of Legal Sciences    

Ruslan A. BUDNIK , National Research University “Higher School of Economics”, Moscow, Russian Federation

R.A. Budnik — Doctor of Legal Sciences, Deputy Director of the International Scientific and Educational Center “UNESCO Chair on Copyright, Neighboring, Cultural and Information Rights” at the National Research University “Higher School of Economics” 

Ekaterina V. TYTIUK, Legal firm «Nextons»

E.V. Tytiuk — associate with “Nextons” law firm, IP/IT practice group

Published
2023-10-25