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Artificial Intelligence and Sui Generis Right: A Perspective for Copyright of Ukraine?

Summary: 1. Introduction. – 2. Intellectual Property Right Protection for AI-generated Objects. – 3. Ukrainian Legal Policy Propositions Relevant to AI-generated Objects. – 4. Concluding Remarks.

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Abstract

This note explores the current state of and perspectives on the legal qualification of artificial intelligence (AI) outputs in Ukrainian copyright. The possible legal protection for AI-generated objects by granting sui generis intellectual property rights will be examined. As will be shown, AI remains a very challenging subject matter for legal regulation. This article seeks to identify the pros and cons of proposals in the Draft Law of Ukraine ‘On copyright and related rights’ on sui generis right relative to AI-generated objects. A comparative analysis of the EU Database Directive provisions is conducted regarding sui generis right to non-original databases. Investment theory will be considered as the only justification for a sui generis right protection of AI outputs aimed at the protection of substantial investments. The special criteria identifying the scope of the substantial investments in computer-generated objects are unclear in the Draft Law of Ukraine ‘On copyright and related rights’. The proposed provisions are considered premature since they cover the concept of fully autonomous AI. The article concludes that the adoption of the proposed provisions may lead to excessive legal protection, as a special category of protected object is not identified

About Authors

Maidanyk Liubov 

PhD (Law), Assoc. Prof., Law School,
Taras Shevchenko National University of Kyiv, Ukraine
LiubovMaidanyk@univ.net.ua   
 

 


CONFLICTS OF INTEREST 

The author declares no conflict of interest of relevance to this topic. Although the author serves at same institution as one of the editors of AJEE, which may cause a potential conflict or the perception of bias, the final decisions for the publication of this article was handled by the editors, including choice of peer reviewers, and Editorial Board Members, who are not affiliated to the same institution. 


DISCLAIMER 

The opinions expressed in this note are those of the author and do not reflect the opinions of the state body or any bodies or persons who may benefit. 


ACKNOWLEDGEMENT 

The author would like to express her gratitude to the reviewers for their remarks and recommendations, which allowed her to improve the manuscript, and to the editors. 


CONTRIBUTOR 

The author was the sole contributor to the intellectual discussion underlying this paper, writing, and translating, and accepts responsibility for the content and interpretation.

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Keywords

  • AI-generated object, copyright, sui generis right

How to cite it?

  • L Maidanyk ‘Artificial Intelligence and Sui Generis Right: A Perspective for Copyright of Ukraine?’ 2021 3(11) Access to Justice in Eastern Europe 144–154. DOI: 10.33327/AJEE-18-4.3-n000076