Regarding the possibility of endowing artificial intelligence with the status of a subject of cross-border copyright relations

Abstract

 The article is devoted to the evaluation of the place of artificial intelligence (hereinafter — AI) in intellectual property law. Due to the recent developments, AI has ceased to be just an assistant and a tool for creativity  in the world of human authors. Rather it itself has become capable of creating works. The article considers the rules of copyright applied in various  States and enshrining the concept of an “author” and the possibility of recognizing AI as a subject of copyright creating a copyrightable work. The article also considers the rulesapplied to determine and regulate the process of creating a creative work. A conflict-of-laws issue is raised regarding the possibility of granting protection to works created by AI within the framework of cross-border relations, when, under the law of the state of origin (lex loci originis), the work is not subject to protection, but is protected under the law of the state where protection is sought (lex loci protectionis). Thus, crossborder copyright relations related to AI  are mainly implemented on the Internet, where the most effective mechanism  for protecting author’s rights is implemented by means of Creative Commons licenses. However, the lack of the human author’s participation and the original creativity element makes it impossible forthe AI to be recognized as a subject of law and, as a result, prevents copyright protection of the works created by the AI. Therefore, the author proposes to allocate the works created by AI to the public domain.