Artificial intelligence: copyright, property rights and legality of its use

Modern technological developments raise more and more complex issues for lawyers. One of the most pressing is determining the legal status of artificial intelligence (AI) and regulation of its performance. Who is the author of the created content? Who owns the property rights? Is it possible to hold artificial intelligence accountable? These issues are actively discussed not only in academic circles but also in the practice of courts in different countries.

1. Artificial intelligence and law: where is the line drawn?

Today, AI is able to create texts, paintings, music, program code, patents - everything that was traditionally considered the result of human creative activity. However, the current legislation of most countries, including Ukraine, recognizes the author as only an individual.

In accordance with Article 433 of the Civil Code of Ukraine, the author is the person whose creative work created the work. Artificial intelligence does not have legal personality, cannot have intentions, will or awareness - that is, it cannot be an author in the legal sense.

2. Who is the author of a work created by artificial intelligence?

In most cases, the author is recognized as a person who has used AI as a tool. This can be a programmer, system operator, or customer who has set the task and defined the generation parameters.

Lawyers should remember that if a work is created exclusively AI without significant human interventionIf the result is not protected, it may not be recognized as an object of copyright at all. This creates a gap in the legal field, as the lack of protection can lead to free copying and commercial use without the consent of the "creator".

3. Property rights to works created by AI

If the result is considered an object of copyright, then property rights belong to the author or the person to whom they were transferred under the contract.

When using commercial platforms (ChatGPT, Midjourney, DALL-E, etc.), property rights are determined by terms of the user agreement. For example, OpenAI gives users the right to use the generated content for commercial purposes, but with certain restrictions.

Important: businesses should always comply with the terms of use of the serviceThey can confirm or deny the right to use AI results in commercial activities.

4. Is it possible to protect AI products in Ukraine?

Ukrainian legislation does not yet have a separate regulation of artificial intelligence. However, there are mechanisms for indirect protection:

• protection of results as computer programs or databases;

• protection trade secretsif AI is used to process proprietary algorithms;

• application patent law to technical solutions in which AI played a supporting role.

The problem is that the absence of a direct rule creates risks of litigation between customers, developers, and users of AI.

5. Responsibility for AI actions

Can the system be held liable for copyright infringement or damages? As of today, no. The responsibility lies with a person or legal entitythat owns or operates the system.

For example, if AI creates an image that infringes copyright, the user who generated and distributed the image will be liable.

Thus, any use of AI should be accompanied by proper risk audit and adherence to the precautionary principle - checking content for uniqueness, authorship, and compliance with licenses.

6. 6. European approach: the way to regulation

In 2024, the European Parliament adopted AI Act - is the world's first comprehensive law that defines the levels of risk in the use of AI and the responsibilities of developers.

As an EU candidate country, Ukraine also has to adapt its legislation. It is expected to do so in the coming years:

• definition of concepts "artificial intelligence system", "automated decision-making";

• requirements for transparency of algorithms;

• rules regarding responsibility and property rights on the performance of AI.

7. Recommendations for business

1. Record authorship - indicate who initiated the creation of content using AI.

2. Store generation data (requests, parameters, dates). This can serve as evidence in the event of a dispute.

3. Update your intellectual property policies in contracts with contractors.

4. Check the commercial suitability of contentAI-generated content, especially for marketing, advertising, and IT products.

8. Conclusion.

Artificial intelligence opens up a new era of opportunities for businesses and lawyers, but it also creates legal challengesThe company's business is a very important one that requires a balanced approach.

Today, the main rule remains unchanged:

"A person is always responsible for the results of AI activity."

Ukrainian law is only beginning to adapt to the realities of the digital economy, and in the coming years, the issue of copyright and property rights in the field of AI will become a key issue for judicial practice, IT companies, and creative industries.