PROMPT AS A FORM OF EXPRESSING THE USER'S CREATIVE CONTRIBUTION IN THE CREATION OF WORKS USING AI

The relevance. The relevance of the study is determined by the development of generative AI technologies and the need to determine the legal significance of users’ actions in the creation of works using such technologies. Of particular importance is the issue of establishing the human creative contribution in circumstances where the direct implementation of the creative concept is largely carried out by AI. The main goal. The main goal of the study is to determine the legal significance of a prompt as a form of expression of the user’s creative decisions and to develop criteria for assessing the user’s creative contribution to the creation of a work using AI. The problems under consideration. The study addresses the copyrightability of prompts, their significance in establishing the user’s creative participation, as well as the relationship between the content of user prompts and the individual characteristics of an AI-generated work. Particular attention is paid to the multi-stage interaction between the user and AI, including the formulation and successive refinement of prompts, the selection of intermediate results, and their subsequent modification. The methods used. The study employs formal legal, comparative legal, and systemic methods, as well as methods of analysis and generalization of legislation, law enforcement practice, and academic literature. Conclusions. The study concludes that the independent copyrightability of a prompt should be distinguished from its legal significance in establishing the user’s creative contribution. The absence of the characteristics required for a prompt to qualify as an independent object of copyright does not preclude considering it as an objectively expressed form of the user’s creative decisions. Criteria for assessing creative contribution are proposed, based on the content and degree of individualization of the prompt, the nature of the user’s creative decisions, their connection with the AI-generated work, the sequence of interaction with AI, as well as the subsequent selection and modification of generated results.