Artficiell intelligens i konsten: Upphovsrätt och skyddsvärde i dagens AI-landskap

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In this thesis, attention is directed to an important and rapidly emerging area that can affect copyright law. The new connection between artificial intelli-gence (AI) and copyright law, which opens up for the interpretation of artistic works created with AI. Over the last decade, there has been an accelerating development in AI, and this situation brings forward numerous complex and challenging legal questions where analyses and considerations are needed. An artist uses new techniques and opportunities to develop their art, and AI provides for previously unknown techniques. Therefore, the purpose of this thesis is to examine how copyright law views and may be applied to artworks where AI has been involved. This includes both an overview analysis of ex-isting legislation and its interpretations, and perspectives that look at how an adjustment for the upcoming issues can be brought forward. Central questions thus become the artist's rights when using AI as a resource and the legal gray areas that arise in these processes. Mainly a legal perspective is put forward, but the ethical aspect is also part of the process when it comes to the possibil-ity of viewing art, therefore, this also becomes a part. An analysis of what is protectable, what constitutes creation, and what really constitutes art. A significant part of the focus lies on alternative solutions to meet the de-mands brought forward by copyright law. It is problematic to define the scope of AI-generated works, and some jurisdictions view situations differently. There are alternative protections for this type of work, and opportunities lie in different approaches based on different perspectives. The alternatives range from trying to ignore the problem to the concept of inventive step being seen as a solution. The conclusion of the thesis summarizes the various analyses and provides insight into the complex world that AI brings forward. Finally, the discussion reflects the need for an advanced legal understanding and adaptation to the new challenges that technology brings.

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