Beiträge in Sammelwerken
Immaterialgüter- und Wettbewerbsrecht

Legal Framework for Output Based on Artificial Intelligence: Ukraine's Place on the Global Search Path

Militsyna, KaterynaLegal Framework for Output Based on Artificial Intelligence: Ukraine's Place on the Global Search Path in: Heiko Richter (Hg.), Competition and Intellectual Property Law in Ukraine (MPI Studies on Intellectual Property and Competition Law, 31), Springer, Berlin; Heidelberg 2023, 559 - 582.

This chapter outlines the Ukrainian discussion on providing a legal framework for output based on artificial intelligence (AI) with a view to identifying its place and embedding it in the global debate. To this end, the author briefly sets out a common theoretical basis together with practical insights of copyrightability requirements under Ukrainian copyright law and then proceeds to examine output based on AI against them. This assessment reveals the particularities of scholarly approaches to treating such output in Ukraine and other jurisdictions. While the threshold of human involvement sufficient for a work to obtain copyright protection is yet to be clarified, the Ukrainian academic sector generally considers that Ukrainian copyright law does not protect a considerable part of output based on AI. Further, the more sophisticated AI systems in creative industries will become, the more output based on AI will be non-copyrightable. Under these circumstances, Ukrainian scholarly circles have actively embarked on a search for a legal framework for such output. The chapter offers an overview of ideas put forward in this regard and puts them in an international context. Particular attention is paid to the initiative on introducing a new sui generis right for non-original computer-generated objects as the only proposal that has so far made its way to the legislative initiative level. By shedding light on the Ukrainian ideas, the chapter shows the way for future considerations and perspectives.

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