CEU Electronic Theses and Dissertations, 2024
| Author | Valeryia Shushko |
|---|---|
| Title | Copyrightability of Works Generated by Artificial Intelligence: Comparative Analysis of the United States, the United Kingdom, and China |
| Summary | The rise of generative artificial intelligence (‘AI’) has brought a number of challenges that the legal systems of the world ought to address. It is especially pertinent with respect to intellectual property (‘IP’) since AI and IP are intrinsically intertwined due to the nature of machine learning. This thesis will explore the concept of copyrightability in respect of AI creations, focusing specifically on the issue of granting copyright protection over AI-generated works in the absence of or with negligible human input involved in their creation in the United States (the ‘US’), the United Kingdom (the ‘UK’), and China. The main method employed by this thesis is comparative analysis. This thesis will scrutinize copyright statutes and guidelines issued by dedicated state agencies, relevant case law, and legal scholarship in the US, UK, and China to identify nuances in how each jurisdiction addresses the novel challenges posed by generative AI in the context of copyright protection. It will be shown that the legal landscape of AI-generated works’ copyrightability is highly inconsistent. While the US disclaims copyrightability of AI-generated works in its entirety, the UK and China both recognize AI-generated works as capable of copyright protection, however, they diverge when assigning authorship over such works. The factors impeding copyright protection of AI-generated works include the requirement of human intervention and an anthropocentric construction of the term ‘author’. A solution to this regulatory fragmentation could be the introduction of an international standard for AI copyright protection as proposed by this thesis. |
| Supervisor | Botta, Marco |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/shushko_lera.pdf |
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