CREATIVITY CRITERIA FOR ARTIFICIAL INTELLIGENCE

Abstract

The doctrine and scientific literature have not yet developed universal criteria for creativity that could become reliable guidelines in providing protection for rights to the results of intellectual activity. The question of authorship and recognition of AI “creativity” also remains open. The problem of creativity is considered from a legal point of view, in particular, the protectability of works created using artificial intelligence and directly by artificial intelligence. The role of imagination in creativity and other subjective factors influencing creative activity are discussed. It is proposed to consider the “thinking” of artificial intelligence as algorithmic, devoid of the human spirit. The proposal is substantiated to recognize works “created” by artificial intelligence as secondary objects devoid of novelty.