Artificiell intelligens och rättssubjektsbegreppet inom upphovsrätten

Sammanfattning: The use of artificial intelligence (AI) for achieving increasingly complex goals gives rise to several legal key questions. One of the questions that has seen a surge of importance due to recent developments of creative AI is the matter of copyright for works created by AI. Swedish law contains no specific regulations on AI and the law on copyright for works created by AI is currently unclear. The seemingly prevalent interpretation of Swedish law is that the user gets copyright if they used the AI only as a tool in their own creative process. For works created independently or almost independently by an AI, it seems that nobody is currently given copyright under Swedish law. British law poses some alternatives as to how the problem may be solved. It is argued that British law may give copyright to either the programmer, the user, the AI itself, a combination of these or to nobody at all. All these alternatives give rise to difficult problems, but some may prove to be feasible solutions compared to current Swedish law, since Swedish law is currently unsuccessful in implementing the goals set out by the Swedish government with regards to Sweden’s AI culture. Current copyright law is based on obsolete premises and values, that ought to be rethought. This is true both in Sweden, the UK and the US. Philosophical questions about the nature of originality, creativity, art and consciousness, pose important considerations in the discussion of copyright law connected to AI. The legal construct of personhood ought to be reexamined. What sort of future copyright law and AI law we want is an open question and the choices and considerations we make today may have great importance in determining how the future will turn out. If the Swedish government does not address these issues, Swedish copyright law cannot be deemed effective in attaining the goals set out by the Swedish government.