Work

Using artificial intelligence to generate unique works: problems of legal regulation

Year: 2025
Type: article
Abstract: Nowadays, artificial intelligence can perform a variety of complex tasks that humans do, including in the field of art. This topic is quite relevant in today’s world, as the growing role of artificial intelligence leads to new legal issues and challenges. The article examines the application of artificial intelligence (AI) in the creation of original works and the issue of copyright for such results. It reveals the evolution of the concept of AI from the mechanistic replication of human intelligence to modern concepts of intelligent agents and generative algorithms. It highlights doctrinal approaches and normative definitions, in particular the definition enshrined in the Concept of Artificial Intelligence Development in Ukraine 2020, as well as the position of the European Union. It analyses the key areas of AI application – entertainment, healthcare, security, business, education, transport, data processing and creativity. Particular attention is paid to generative algorithms that are capable of creating music, texts, graphics, photographs, videos and other objects that are increasingly perceived by society as the results of intellectual activity. Examples of practical AI applications are provided: platforms for creating logos, software for generating music files based on images, the use of neural networks for creating and transforming images (GPT-3, DALL-E), and video generation algorithms. At the same time, the problem of the legal regime for such objects is outlined: are they subject to copyright protection and who owns the corresponding property and non-property rights – the programme developer, the user or the algorithm itself. The article discusses the possibility of recognizing AI as a legal entity and introducing the concept of an ‘electronic person.’ It concludes that despite significant achievements in the application of AI for creativity, the role of humans remains a key factor, as it is humans who give social value to the results of activities, determine their legal nature and protection mechanisms. The article emphasises the need to develop a modern regulatory approach to objects created using AI, as this issue has a significant impact on the development of culture, the economy and law.
Language: English
Open Access status: diamond
OpenAlex ID: W7127087185
FWCI:
Cites: 2
Cited by:
Related to: 10