Upphovsrättens digitala gränsland - En undersökning om AI-genererade alsters upphovsrättsliga skydd.

Sammanfattning: The traditional Swedish copyright law faces challenges with the arrival of artificial intelligence (AI) in the creative market. In just one click, incredible creative possibilities await, enabling anyone with a bit of imagination to become an extraordinary artist. However, the current framework of Swedish copyright law (‘upphovsrättslagen’) lacks explicit guidelines for handling AI- generated works. It is most likely only a matter of time before the first legal decision on copyright and AI-generated creations emerges, thus justifying a review of copyright in this regard. This essay examines whether AI-generated works are currently protected by copyright, whether such protection aligns with the motivations of copyright, and how such protection could be formulated if deemed appropriate. Due to the requirement of human authorship embedded in the concept of originality, AI-generated artwork is presently not covered by copyright. The underlying motivations emphasize the intention to protect solely human creativity. This essay extensively discusses the interpretation of the concept of authorship and concludes that it is feasible to consider AI as a tool for human creativity, thereby providing protection for AI-generated works without significant alterations to the application of the law. Furthermore, the possibilities for designing protection are explored in cases where AI is not perceived solely as a tool. The essay suggests reinterpreting the originality criteria as an objective criterion rather than a subjective one and introducing specifications regarding authorship for such creations. Additionally, the study acknowledges the option of establishing a distinct form of intellectual property protection independent of copyright, which would facilitate better adaptation and tailored regulation in accordance with the unique characteristics of AI. The essay concludes that the subject matter is complex and extensive and that multiple directions for future developments of copyright law are possible. Which direction that is chosen depends on how human authorship is interpreted in relation to AI-generated works.