ChatGPT та Закон: виклики та перспективи правового регулювання творчості штучного інтелекту

The article examines the current issues of legal regulation of creative activity of artificial intelligence, in particular GPT, which, being the result of a complex machine learning process, is capable of generating texts, images, music, videos and other objects that may potentially have features of copyrighted works. The author examines the issues related to the lack of a legally defined status of artificial intelligence as a copyright subject, as well as the difficulties arising in qualifying the results of its activities. Particular attention is paid to the problem of determining the authorship of works created using AI, the legal status of persons who initiate or control the process of creating such content, and the relationship between human input and autonomous system activity. The author analyzes the approaches to addressing these issues in the legal systems of the United States, the United Kingdom, the European Union and Ukraine. In particular, the author reveals the legal conflicts that arise in cases where there is no direct human participation in the creative process. The author also considers the novelties of the Law of Ukraine “On Copyright and Related Rights” (2022), in particular, the introduction of the term “non-original object”, which causes numerous discussions among scholars and practitioners due to the lack of clarity and vagueness of its application. The author emphasizes the need for regulatory clarification of this concept, in particular by establishing the criteria for the minimum human contribution required for obtaining legal protection. The author emphasizes the need to harmonize national legislation with international standards and emphasizes the importance of forming a unified law enforcement practice that would allow for effective qualification of objects created with the participation or on the initiative of artificial intelligence. The article also outlines the social risks associated with the widespread introduction of AI into the field of intellectual labor, including the risks of job losses, increased inequality, the spread of discriminatory algorithms, and the possibility of manipulating public opinion through automated content generation. The author concludes that there is an urgent need for a comprehensive, interdisciplinary approach to the legal regulation of artificial intelligence, taking into account the principles of the rule of law, respect for human rights and freedoms, technological development and ethical use of digital tools.