THE PROBLEM OF DISTRIBUTION OF INTELLECTUAL RIGHTS TO WORKS OF ART GENERATED BY ARTIFICIAL INTELLIGENCE

Abstract

The article explores the problematic issues of intellectual property rights arising in connection with the development of generative models of artificial intelligence capable of generating text, image, melody, etc. The author focuses on revealing the problematic issue of how intellectual property rights to AI-generated content should be allocated. Two aspects of this problem are emphasized: 1) the work was generated in some part, but its creation is traced by human creative contribution; 2) the work was generated entirely without human creative participation. The complexity of a single definition of the AI concept due to its complexity is emphasized. The relevance of the problem is caused by the widespread and mass use of generative AI models, which challenges the current legislation. It is concluded that only human beings are capable of creative activity, and AI is capable only of complex automatic compilation of the results loaded into it. The current Russian law allows only a human being to be considered an author, while there are no obstacles in considering AI as a creative tool and granting a human being copyright over the generated work, if his creative contribution is traced. The issue of allocation of intellectual rights to the works generated without human creative input should be directly solved by the legislator, because there is a demand for it from society and business. The study of existing doctrinal legislative concepts of distribution of rights to generated works has shown that the most successful for realization in the Russian legislation will be anthropocentric concept, in the framework of which the author of the paper proposes to grant an exclusive right to the end user who formulated a request to the neural network. This exclusive right is proposed to be limited to one calendar year. As a consequence, users will have an incentive to pay for access to the neural network, and developers will receive funding for the development of their technology.