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The use of computer programs in human intellectual work has attracted the attention of lawyers in the field of copyright since the very beginning. Even though to this day not all discussions regarding the role of a computer program in the creation of an author’s work have been resolved, it is an indisputable fact that a computer or a computer program in the process of creating a mental creation is nothing more than a tool for work, i.e., a mean of expressing the intellectual sphere of human being. Unlike previous forms of computer technology, artificial intelligence is capable of autonomously selecting, systematizing, and generating new content within a database (which can be quite large). Bearing in mind the representation of creations of artificial intelligence systems on the market of cultural, artistic, entertainment and similar content, which is traditionally protected by copyright protection, the question of the copyright framework for the use of such creations is of particular importance. The problem of authorship is posed as an initial one. In the copyright sense of the word, the author as the subject of copyright has numerous rights (of a moral and economic nature) by the exercise of which he achieves a financial benefit, that is, he protects his personal and property interests in connection with his intellectual creation. On the other hand, for users of the creative or entertainment content, the question of the subject of the right is relevant to determine the person whose consent is required if an action covered by exclusive right is undertaken, if such content would be subject to copyright (or some other) protection. In the context of copyright, the analysis starts from the key question of whether the creation of artificial intelligence is a work of authorship, based on which copyright arises, and only then, if the answer is affirmative, who is the subject of copyright. In this regard, our research should answer an essential question: does the existing framework of copyright protection include creations created using artificial intelligence systems?
Sanja Savčić (Tue,) studied this question.