The article addresses fundamental legal issues in the field of intellectual property arising from the rapid development of generative artificial intelligence. It explores the challenges posed to copyright law by the widespread adoption of artificial intelligence technologies. In particular, the study examines the legal regime of objects created with the assistance of artificial intelligence, the legality of using copyright-protected works for training AI models, and specific issues related to the legal personality of AI. Based on an analysis of international judicial practice and contemporary regulatory instruments, including the recently adopted European Union Artificial Intelligence Regulation, the study examines ambiguous approaches to determining copyright for AI-generated objects. Practical cases from various jurisdictions, including court decisions from the United States and China, are analyzed to illustrate the variability in legal assessments regarding the interaction of intellectual property law and AI. The article offers an analysis of promising mechanisms for regulating legal relations in the field of study. These include the introduction of a collective rights management system (similar to extended or mandatory collective management), the establishment of mechanisms for fair compensation to rights holders, and the development of technical tools for identifying the origin of content. The study underscores the necessity of balancing the interests of AI technology developers, authors, and society’s technological advancement needs. The article traces trends in legislative changes in the field of intellectual property and the regulation of artificial intelligence. In particular, it examines the provisions of the Artificial Intelligence Act, which imposes obligations on AI model developers to comply with copyright laws, including the requirement to disclose detailed reports on the content used for training AI models. The article emphasizes the importance of creating a legal environment that simultaneously fosters technological progress and robustly protects the rights and interests of authors. Effective regulation should be grounded in fundamental principles of fairness, transparency, and comprehensive consideration of the interests of all participants in intellectual property legal relations.
Paper
Full text
Copyright in the context of development of generative artificial intelligence tools
Semantic Scholar · 2025
Abstract
The article addresses fundamental legal issues in the field of intellectual property arising from the rapid development of generative artificial intelligence. It explores the challenges posed to copyright law by the widespread adoption of artificial intelligence technologies. In particular, the study examines the legal regime of objects created with the assistance of artificial intelligence, the legality of using copyright-protected works for training AI models, and specific issues related to the legal personality of AI. Based on an analysis of international judicial practice and contemporary regulatory instruments, including the recently adopted European Union Artificial Intelligence Regulation, the study examines ambiguous approaches to determining copyright for AI-generated objects. Practical cases from various jurisdictions, including court decisions from the United States and China, are analyzed to illustrate the variability in legal assessments regarding the interaction of intellectual property law and AI. The article offers an analysis of promising mechanisms for regulating legal relations in the field of study. These include the introduction of a collective rights management system (similar to extended or mandatory collective management), the establishment of mechanisms for fair compensation to rights holders, and the development of technical tools for identifying the origin of content. The study underscores the necessity of balancing the interests of AI technology developers, authors, and society’s technological advancement needs. The article traces trends in legislative changes in the field of intellectual property and the regulation of artificial intelligence. In particular, it examines the provisions of the Artificial Intelligence Act, which imposes obligations on AI model developers to comply with copyright laws, including the requirement to disclose detailed reports on the content used for training AI models. The article emphasizes the importance of creating a legal environment that simultaneously fosters technological progress and robustly protects the rights and interests of authors. Effective regulation should be grounded in fundamental principles of fairness, transparency, and comprehensive consideration of the interests of all participants in intellectual property legal relations.