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Copyright law in the era of artificial intelligence. Comments regarding the story of „Edmond de Belamy painting”

copyright copyrightable subject matter author authorship artificial intelligence GAN generative adversari-al networks

In recent years, we have witnessed numerous breakthroughs in the field of artificial intelligence. In many ways, artificial intelligence technologies have an unprecedented impact on our lives. Particularly noteworthy is the fact that artificial intelligence is now succeeding in areas that have so far shown strong resistance to technicization, including the arts. Artificial intelligence researchers have made first bold steps towards the „automation of creativity,” and there is a dramatical increase in commercial usage of artificial intelligence systems capable of generating results that would be recognized by observers unaware of their computer provenance as works of art originating from humans. The purpose of this paper is to answer the question whether artificial intelligence „creations” benefit from de lege lata protection granted by copyright law. Based on a case study, an attempt has been made to show that there are artificial intelligence systems capable of generating results, which – had they been created by man – would have been subject to copyright protection, but do not benefit from copyright protection as they do not meet the prerequisites of being considered a copyrightable subject matter due to the lack of a human creator.

doi:10.34616/144183 ISSN 2082-100X

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