I, Robot : En analys av kreativ artificiell intelligens i ljuset av upphovsrätten

Sammanfattning: Artificial intelligence (AI) has become an increasingly used technology in today's society. In recent years, AI systems have even begun to be used to create creative works, so-called creative AI. This development gives rise to a number of different copyright challenges, especially if it is at all possible that such cultural objects can be protected by copyright. In light of the increased use of creative AI, the thesis aims to investigate the relationship between AI-generated cultural objects and copyright. To fulfill this purpose, three main questions are answered.   The first question that the thesis intends to answer is whether AI-generated works can be covered by copyright protection. The preconditions for protection are partly that the created cultural object must be covered by the concept of work, and partly must meet the requirement of originality, which is also considered to include a requirement of human creation. The inquiry takes support from EU law, among other things, which has clarified how these requirements are to be applied in a context where a technical aid is used.   The second issue of the thesis is aimed at such products that have been created by a more independent AI system and that should not be subject to copyright protection under the current system. Based on several different aspects, such as the motive and justification of copyright, it is investigated whether such cultural objects should also be covered by copyright. The thesis shows that there are things that speak both for and against an extended protection.   The design of a protection for AI-generated products is the work's third and final area of ​​investigation and is thus based on the premise that it is justified with an extended copyright protection. The study focuses on a number of different aspects that can be considered particularly relevant to discuss in the protection of AI-generated products, such as the time of protection and the subject of protection.   The thesis finds that it should be possible for AI-generated works to be covered by copyright, provided that there is room for a human being to make creative choices. Conversely, this should preclude that objects from more independent AI systems, which are becoming more common, should not be able to be protected by copyright. Such a conclusion also justifies a position regarding whether such works also should be covered by copyright. In order to promote investment, there may be reasons to extend protection, but it should be noted this can lead to human creatures becoming outcompeted. When designing the protection, this imbalance can be taken into account, for example by providing a shorter protection period.