AI och upphovsrätt - en rättslig utmaning

Sammanfattning: The Copyright law is the legal part of the intellectual property that is considered to be updated and adjustable enough to handle a technological development. As artificial intelligence develops to be more autonomous and able to create works independently, the copyright law becomes subject to new requirements and challenges. The essay’s purpose is to investigate the legal situation regarding copyright and artificial intelligence from both a national and an international point of view in order to describe what possibilities works made by artificial intelligence have to get copyright protection. The essay has been initially based on Swedish copyright law to clarify what the swedish law requires a common work but particularly a computer generated work in order for the work to get copyright protection. Further, the essay has had a comparative method in the section regarding international copyright. A study has been made from a EU legal perspective to compare copyright law both on a EU level but also a national level, and to investigate the harmonizing effect of various directives that have been relevant to the essay’s issues. In order to give an as fair as possible answer to the questions the essay seeks to answer, an investigation has been made also of the british and american copyright law. In connection with this, a more comprehensive mapping of international copyright has also been relevant in order to obtain a basis for proposals on what mainly the national copyright law could or should be (de lege ferenda). In the light of swedish copyright law, artificial intelligence and computer programs have also been taken into consideration in order to investigate whether AI systems can be equated with computer programs and thus get copyright protection. Before the essay’s final reflections an investigation has also been made regarding copyright infringement in order to judge who’s responsible or what person that should be responsible in the case of a copyright infringement made by artificial intelligence.