Artificial intelligence and moral rights

AI and Society 36 (1):319-329 (2021)
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Abstract

Whether copyrights should exist in content generated by an artificial intelligence is a frequently discussed issue in the legal literature. Most of the discussion focuses on economic rights, whereas the relationship of artificial intelligence and moral rights remains relatively obscure. However, as moral rights traditionally aim at protecting the author’s “personal sphere”, the question whether the law should recognize such protection in the content produced by machines is pressing; this is especially true considering that artificial intelligence is continuously further developed and increasingly hard to comprehend for human beings. This paper first provides the background on the protection of moral rights under existing international, U.S. and European copyright laws. On this basis, the paper then proceeds to highlight special issues in connection with moral rights and content produced by artificial intelligence, in particular whether an artificial intelligence itself, the creator or users of an artificial intelligence should be considered as owners of moral rights. Finally, the present research discusses possible future solutions, in particular alternative forms of attribution rights or the introduction of related rights.

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