Criteria for the Emergence of Co-Authorship in the Creation of Works Using Generative Artificial Intelligence

Generative artificial intelligence (AI) is developing both qualitatively and quantitatively, offering new opportunities for creating various works, literary texts, images, musical compositions and even videos. Providing access to these creative tools raises new legal issues related to copyright protection of works generated by AI. Questions also arise regarding the distribution of copyright between individuals who are one way or another involved in the creation of such works, that is, in situations of co-authorship. A clear understanding of the concept of «creativity» in relation to AI-generated works is necessary, along with an analysis of the criteria for co-authorship between users and AI developers. The paper examines doctrinal and legislative approaches to the concept of «creativity» and attempts to justify the circumstances under which copyright protection should be granted to AI-generated works. The author explores different scenarios for granting copyright protection depending on the circumstances of a work’s creation. The author seeks to define what constitutes generative AI as opposed to the broader concept of artificial intelligence. In addressing this issue, the author also presents arguments against recognizing AI as an author of a work.