A NEW APPROACH TO COPYRIGHT LAW: WHO DO ARTIFICIAL INTELLIGENCE (AI) WORKS BELONG TO?

The impact of applications of artificial intelligence (AI) on already existing areas of law is undoubted. The authors deal with the relationship between artificial intelligence law and intellectual property (IP) law, focusing on the challenges to the latter that rise with this technology. Namely, traditional IP legal framework, specifically regarding protection of copyright, patents, and trade secrets, is increasingly strained by AI's capabilities to autonomously create and replicate human-like outputs. Programs based on AI are able to create new written, musical, and audiovisual works, and we wonder whether we can characterize these works as copyrighted works and provide them with copyright protection, and if we can, who will be the copyright holder. This paper aims to present modern tendencies in determining who should own intellectual property rights, or rather copyrights, in works created by AI. There are two tendencies based on the interpretation of traditional law and two tendencies of the new age. Different actors have opposing interests and are behind the tendencies that suit them best.