Artificial Intelligence: problems of civil law qualification

Abstract

Following the methodology of civil research, the concept of artificial intelligence is analyzed and the conclusion about the fallacy of recognizing the legal personality of artificial intelligence is argued. Artificial intelligence as a result of complicated programming is a complex object of civil rights, which includes various structural elements — the results of intellectual activity. The mechanism of acquiring the right to use the results of intellectual activity included in a complex object by a person who organized the creation of artificial intelligence is considered. The essence of legislative exceptions from the general rules on agreement on the alienation of exclusive rights and license agreements in relation to artificial intelligence is analyzed. The conclusion is substantiated that in the absence of regulation of relations on the acquisition of the right to a complex object, it should be provided for: an agreement between the person who organized the creation of artificial intelligence and each of the right holders of the result of intellectual activity that is part of artificial intelligence, or a special condition provided for in the agreement on the alienation of the exclusive right to the result of intellectual activity in as part of an artificial intelligence or a license agreement with each right holder. The conclusion is reasoned that the person who organized the creation of artificial intelligence, in the presence of the considered legal grounds, acquires not only the rights to the relevant results of intellectual activity — structural elements of artificial intelligence, but also the right to the entire artificial intelligence as a whole.