The Copyright Dilemma: Human-Created Works vs. Artificial Intelligence
Artists, writers, musicians, and creators of various forms of art have long enjoyed the protection of copyright law for their works. However, as technology advances, questions arise regarding the copyrightability of works generated by artificial intelligence (AI). The laws and court rulings around the world differ on this matter, leading to an ongoing debate.
The Basics of Copyright Law
According to copyright laws in most countries, the creator of a work automatically holds the copyright to that work upon its creation. Unlike other forms of intellectual property, copyright does not typically require registration, although some countries may have notification requirements.
The copyright owner holds exclusive rights to reproduce, modify, publish, display, allow others to use, or rent the work. These rights are protected under copyright law and apply to various forms of creative expressions such as art, literature, music, dance, computer programs, and more.
The Impact of AI on Creative Works
With the continuous advancement of computer technology, AI has made significant progress in recent years. Computer programmers have developed AI systems capable of learning and processing information, leading to the creation of various works of art. AI can now write novels, poetry, compose songs, and even create visual art.
This raises significant questions regarding the interpretation of copyright law. Are works created solely by AI copyrightable? And if so, who owns the copyright?
Thai Copyright Law
In Thailand, the Copyright Act of 1994 is the governing legislation. While the law does not explicitly state that only human-created works are protected, some provisions give clarity on the matter.
The term “creator” in the Act refers to human creators or individuals responsible for any copyrighted work. Similarly, “copyright” refers to the exclusive rights granted to the creator under the Act.
Based on the language used in the law, it is evident that the term “person” refers to humans. Therefore, while AI can assist in the creative process, it is considered a tool, similar to using a paintbrush. As a result, works created with the aid of AI are considered human creations, and the person who created the work owns the copyright.
However, the issue of works created entirely by AI without human involvement remains unresolved. To determine whether such works are copyrightable, it may require a decision from the Supreme Court.
International Perspectives
Various countries tackle the issue of AI-created works differently. In the United States, a district court ruled in 2023 that works of art created solely by AI, without human involvement, are not copyrightable under US copyright law. The US Copyright Office also denied a request for copyright protection for an illustration created by AI, citing its lack of human creation.
In the European Union, several countries, including Germany and Spain, do not consider AI-created works copyrightable. The Court of Justice of the European Union has also ruled that AI works are not eligible for copyright protection, emphasizing the requirement for human involvement in the creative process.
Concluding Thoughts
The ongoing debate surrounding the copyrightability of AI-created works highlights the complexities introduced by advancing technology. While human creations enjoy copyright protection worldwide, the involvement of AI poses unique challenges.
As the legal landscape continues to evolve, it remains to be seen how the courts and legislative bodies will address the issue. Until then, the copyrightability of works solely created by AI without human participation will remain a subject of speculation and legal deliberation.
Creator of art, literature, music, dance, as well as inventor of computer programs and other works. in the same way the creator will have the copyright in that work.
According to principlesCopyright lawof all countries that have similar important principles.copyrightImmediately upon creation of the finished work which does not require registration Except that some countries may need to be notified first.
Be the copyright owner in the work you create It will be protected by copyright law. That is, he or she has the sole right to reproduce, modify, publish, display, allow others to use, or rent.
presentcomputer technologyThere is more progress. which are created by humans, such as the creation of robots or machines known as Artificial Intelligence: AI or artificial intelligence
AI is not just a tool for humans. But developed to the point of being able to learn different things As computer programmers get into learning information
Until having the ability to create various works of art As learned from the input data, such as writing novels, writing poetry, composing songs, creating paintings.
Problems of interpretation in accordance with copyright law
Consider whether works created by robots or artificial intelligence, such as novels, songs, paintings, articles, are copyrighted works and protected by copyright law. And who owns the copyright?
Thai copyright law
followCopyright Act 1994 This is the copyright law currently in force. There is no provision that clearly states that only human-created works should be protected by copyright.
But when considering relative definitions such as the word “Creator” means the creator or creator of any creation which is a work of copyright under this Act.
and the word “copyright” It means the sole right to do anything. According to this Act regarding the work the creator has done.
It is clear that the word “person” is used, which means that it is a person, so a creative work can be considered copyrighted. It must be a human creation. Even if the creator uses artificial intelligence to help create the work. This is the use of tools. Similar to using a paint brush to paint a picture.
Therefore, in this case, it can be considered that Human beings are creators of works. The work created is copyrighted. The person who created the work owns the copyright.
Currently, there is no issue of works created entirely by robots or artificial intelligence. without human participation in creativity Is there copyright or not to go into the consideration of the Supreme Court So, we must continue to wait for the decision of the Supreme Court on this matter.
However, there is a Supreme Court ruling in a copyright dispute case. Although it is not a direct matter of the work of artificial intelligence. But this is a decision of the Supreme Court It explains and draws attention to the fact that a copyrighted work must be the result of the creator’s creative initiative. Although it is not directly identified as human But it can be inferred that it is a human creation.
Supreme Court Judgment No. 1265/2020 ruled that Creative works of art which are in the nature of painting. It will be a copyrighted work protected in accordance with the provisions of the Copyright Act 1994. It must be a work that the creator has created or has created the work independently. without duplicating or modifying the copyrighted work of others without permission.
A copyrighted work can therefore be the same or similar to a copyrighted work. which already appears But the work is the same or similar. It must come from the creator’s own initiative. without duplicating or modifying the copyrighted work of others without permission. The value of a work or its artistic value is not a conditionCopyright protection
Even if the work created has no work value or artistic value. If the creator had done it with diligence By setting aside energy, intelligence, knowledge and ability Use your experience and your judgment when creating that work.
That work is protected by copyright. By protecting copyright, it protects the form of expression of ideas.
Foreign cases
The United States has international news reports. that a district court in Washington on August 21, 2023 ruled that works of art are created entirely by artificial intelligence, without any human participation in the creation It is not copyrightable under United States copyright law.
Latest news on September 6, 2023, the US Copyright Office has denied a Request for copyright protection in the casescience fiction writerCreated a new illustration created by artificial intelligence. Giving that reason It is not a human creation.
The European UnionLaws regarding copyright in various areas have been enacted. Enacted as central law for member countries Many so-called European Union regulations (The European Directive and the Copyright Regulation)
Each country may also have its own national copyright laws, such as Germany and Spain.
The copyright laws of these two countries do not consider AI-created works to be copyrightable. which will be protected by copyright law Because it is not a work created by humans.
In other words creative works that will be copyright work will be protected by copyright law. It must be a work created by a human being. Or is it work that humans also take part in creating?
in addition Court of Justice of the European Union (Court of Justice of the European Union) has ruled in several cases regarding AI work on the basis that there is no copyright on AI work. Because it is not a human creation.
The important case is judgment Case C-5/08 between Infopaq International A/S and Danske Dagbaldes, which ruled in accordance with the previous judgment that AI work is not copyrightable. The works of human beings are only copyrighted and protected works.
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