AI: A Creative Player in the Game of Copyright and New Perspective on Copyright Protection of Software Developed by AI (Joint Session)

Part 1:

Artificial Intelligence is participating within the creative process of many today’s works. Its significant role is obvious especially in the case of online interactive platforms operating with users’ data. Besides the question of copyrightability of the outcomes of such platforms, there are questions of uncertain authorship, access to the works used for creating a “framework” as well as the questions of reasoning for coherent IP regulation. This presentation highlights these copyright issues and provides an overview of the fundamental copyright aspects and partial solution to selected issues.

Part 2:

Recent progress demonstrates that AI is capable of generating code. Source code is a fundamental element in the protection of software and these developments might cause a shift in copyright protection of software. The key moment will be when a human will no longer be author of the code, so the code will not be his own creation. The source code will still be the form of expression of software; however, it will be made by a machine. This contribution investigates whether copyright law, including protection of preparatory design material in CJEU case law, can address the shift to AI generated source code.