Recent trends in major world jurisdictions regarding copyright law and works generated by artificial intelligence: A comparative analysis of the European union, the United States, and Japan

Kumar, Satish and Yadav, Akansha (2024) Recent trends in major world jurisdictions regarding copyright law and works generated by artificial intelligence: A comparative analysis of the European union, the United States, and Japan. AIP Conference Proceedings, 3220 (1). ISSN 0094-243X

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Abstract

This study delves into the intricate relationship between artificial intelligence (AI) generated works and copyright law, focusing on the European Union, the USA, and Japan as major jurisdictions. It explores whether AI-created works are eligible for copyright protection and examines the concepts of authorship and originality within the context of AI-generated content. Despite efforts to harmonise copyright laws, differences persist among these jurisdictions. The EU leans towards protecting works within the Berne Convention’s scope, while the US requires human authorship for copyright eligibility, as established in legal precedents. Similarly, Japan emphasises creativity as a prerequisite for copyright protection, setting a higher threshold compared to other jurisdictions. However, a central challenge arises in assessing human input in AI-generated works, particularly with opaque systems like neural networks. The traceability of human contribution and its creative distance from AI-generated output pose significant hurdles in determining copyright ownership and protection in the evolving landscape of AI technology.

Item Type: Article
Keywords: AI-generated works | Copyright law | Authorship and originality | Human input traceability | Jurisdictional differences (EU, USA, Japan)
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 04 Nov 2024 18:08
Last Modified: 04 Nov 2024 18:08
Official URL: https://doi.org/10.1063/5.0235002
URI: https://pure.jgu.edu.in/id/eprint/8761

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