THE PROBLEM OF AUTHORITY IN THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS TO CREATE THE INTELLECTUAL PROPERTY

Abstract

In the article, the author explores the problem of authorship when using artificial intelligence systems to create the results of intellectual activity. The aim of the study is to identify the current state of legal regulation of the studied legal relations and the vision of its development. The author highlights the existing legal status of artificial intelligence systems in the law of the Russian Federation, including a generalization of judicial practice on the topic under study. The author, using a conceptual approach to the work of artificial intelligence, reveals the essence of the phenomenon. Draws attention to the predicted development of artificial intelligence systems. In the work, the author investigates the question of the “consciousness” of artificial intelligence systems, applies an approach from the point of view of quantum mechanics and its interpretations. It is suggested that it is possible that artificial intelligence already has its own “consciousness”, based on the previously indicated approach. There are several types of interaction between a person and a phenomenon that are protected by law when creating RIA. The author also considers the phenomenon from the point of view of imitation of the human brain, through the prism of its characteristics as a non-linear dynamic system influenced by chaos. An example of the growth in the rate of development of artificial intelligence systems is given and a statement is made about the need to take this factor into account in legal regulation. The author proposes a tool for classifying the types of interaction between a person and AIS to determine the scope of protected rights and authorship for RIA: conducting an examination of the operation of systems for the protection of the result of their work as RIA, depending on the amount of interaction to provide such results with protected status. As a result of such examinations, it is possible to single out for the protection of the results not as a RIA, but as a special subject of copyright.