Tekoälyn tuotokset ja omaperäisyysvaatimus – kohti koneorientoitunutta tekijänoikeutta?
Avainsanat:
immateriaalioikeus, tekijänoikeus, omaperäisyys, automaatio, tekoälyAbstrakti
Lakimies-aikakauskirjan parhaan kirjoituksen palkinto 2018
Automated content production and originality in copyright law - towards a machine-oriented regime?
Automation and artificial intelligence (AI) may be employed for the production of music, poetry, visual arts as well as other types of content, such as news. As the relevant technology develops, machines will be able to produce content in an increasingly independent manner. This calls for a reassessment of the eligibility of machine-generated content for copyright protection.
Originality is a key concept in EU copyright law, much like in most copyright regimes. Copyright thereby protects intellectual creations as embodiments of their author’s personality, while there must be enough room for creative choices. This article elaborates on the concept of originality and its meaning and effects in the era of automation and AI. It also addresses different options of protecting AI-generated content within the copyright regime in a wide sense.
The article comes to the conclusion that no more fragmentation is desirable, for example by introducing a dedicated related rights protection for AI-generated works. One possibility would be to move towards investment protection or a so called machine-oriented copyright which departs from traditional preconditions related to human input. However, from the romantic viewpoint on which the continental copyright law in particular rests, the best solution would be to stay with the human condition and let unoriginal machine-generated products fall into the public domain.
