Akademia Nauk Stosowanych
im. Alcide De Gasperi
BOOK CHAPTER (124-134)
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DOI: 10.13166/WSGE//BVLF4208
In this new era of the fourth industrial revolution that we are living in here, we are increasingly aware of the immense possibilities and potential of technological development that lie ahead and of the increasingly important role that artificial intelligence is assuming in the scientific field but also and especially in the daily life of all of us. Today, artificial intelligence affects almost all aspects of life: science, culture, art and law. Surely it has improved, from different points of view, each of these areas, but, at the same time, since this evolution is fast and unstoppable, it has highlighted the gaps that the legal system presents in these sectors. Jurisprudence is making a huge effort to keep pace with technological evolution but despite this, questions that need answers, possibly as soon as possible, often arise. Thus, in the field of artificial intelligence, an interesting combination under the legal aspect is that between works of art or intellectual property and legislation, with particular regard to copyright. In fact, creativity, both scientific and artistic, has always been considered as exclusively belonging to the human being, to man, as it was believed that only he was capable of original and autonomous intellectual creation. Almost in all of the existing legal systems, this is precisely the principle underlying the legislation concerning copyright: all creative intellectual works that belong to science, literature, music, figurative arts, architecture, theater and cinema, regardless of the way or form of expression, are protected and safeguarded. The prerequisite for recognizing copyright, also admitted by jurisprudence, is the causal link between creativity and personality, considering that the work reflects the personality of its author. The issue presents difficulties, however, when it is a machine or a robot to carry out a certain work of genius in one of the aforementioned fields. How can the legislator, whether Italian, Albanian, European or international, regulate this new legal reality linked to a work created by artificial intelligence? To whom do the authorship and the rights of economic use of the work belong in this case? Can we talk in this case of a moral right? What is the most suitable type of protection that can be given to such works and through what methods, given that all the legal rules on the subject presuppose human creative activity? Basically, in the case of the creation of a particular work by an artificial intelligence, can robots have intellectual property rights? Can they have liability towards third parties? In this article we will try to shed some light and give some answers to these questions imposed by the reality we are living in, based on the current legal framework in the field of copyright, the considerations of the doctrine and also the analysis of certain concrete cases such as that of the “Portrait of Edmond Bellamy”, a portrait made entirely by an AI and sold for $ 432,500, and that of the selfie made by a macaque monkey with the camera of photographer David Slater.
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