“Synthetic Creativity” of Generative Artificial Intelligence Poses Challenges for Legal Protection of Copyright and Related Rights.

This article explores the influence of developing and disseminating generative artificial intelligence technologies on the copyright and related rights system governing the creation and use of works in science, literature, and art, as well as objects of related rights. One prominent example of these technologies is ChatGPT, which can generate texts that could become part of literary works. Additionally, generative artificial intelligence systems are designed to create other types of content, including images, audio, and video files. Despite internal contradictions regarding whether creativity is solely a human trait, this article examines the concept of “synthetic creativity” from the standpoint that an artificial intelligence system can combine individual elements into a whole that becomes original. This capacity arises from training on vast amounts of data, which may include works that are legally protected by copyright and related rights laws. However, “synthetic creativity” raises several questions regarding legal consequences. Firstly, whether it is legitimate to use both previously published works or earlier released phonograms and videograms in the wording of the Law of Ukraine on Copyright and Related Rights for training artificial intelligence models. Secondly, whether “synthetic creativity” leads to the creation of new copyrightable works and protected objects of related rights. The chosen topic addresses the urgent and very multifaceted issue of the development of intellectual property law influenced by technological advancements. On the one hand, it necessitates the interpretation of existing rules within the context of generative artificial intelligence, and on the other hand, it allows for the enhancement of the framework of the copyright and related rights system. The author references specific legislative provisions from the United Kingdom and Japan and also illustrates the approaches adopted in modern legal systems through notable cases, such as Li v. Liu and Zarya of the Dawn. This article also discusses the comprehensiveness of the Ukrainian legislation on copyright and related rights protection about generative artificial intelligence, highlighting areas where it can be modernized. Keywords: generative artificial intelligence; generative artificial intelligence technologies; artificial intelligence and copyright; copyright protection; related rights; Li v. Liu case; Zarya of the Dawn case.