On the legal status of the “art” of the artificial intelligence

Abstract

The article is dedicated to the issues of protection of artworks, created by the artificial intelligence or with the help of artificial intelligence. The authors of the article analyze the term “artificial intelligence” from the perspective of technologies, legal doctrine and legislation and provide critical comparison of these definitions, basing on which stipulate several key criteria of the definition of artificial intelligence. The article also describe basic principles of the working process of the artificial intelligence systems. Basing on the key criteria, provided as a result of the analysis of the existing definitions of the “artificial intelligence”, the authors generate their own definition of this term. The article also provides detailed analysis of the term “creativity” from the perspective of the objective and subjective approaches. The analysis includes comparison of the process of the creation of the work of art by the human and by the artificial intelligence. The authors question whether it is possible in principle to apply the term “work of art” to the objects created by the artificial intelligence. According to the authors’ point of view, current level of the artificial intelligence technologies does not provide any possibility to apply the term “creativity” to artificial intelligence as the model of the working process of the artificial intelligence is based ultimately on the mathematical algorithms. According to the article, this mean that the objects created by the artificial intelligence or with the help of it do not meet traditional requirements of creativity. The article provide several potential regulation models for the objects created by the artificial intelligence or with the help of it. These models can be broken down as follows: no legal protection is required, public domain model, protection under information law, protection as know-how objects, protection as intellectual property objects. The authors of the article provide comparative analysis of the above-mentioned models of protection, the advantages and disadvantages of each model, give their opinion on the existing and potential legislative initiatives in the sphere of artificial intelligence regulation.