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مالکیت آفریده‌های هوش مصنوعی؛ مروری بر چالش نوین حقوق مالکیت فکری در عصر فناوری | ||
| پژوهشنامه حقوق اسلامی | ||
| مقاله 9، دوره 25، شماره 4 - شماره پیاپی 66، دی 1403، صفحه 949-976 اصل مقاله (633.29 K) | ||
| نوع مقاله: مقاله مروری | ||
| شناسه دیجیتال (DOI): 10.30497/law.2024.245828.3492 | ||
| نویسندگان | ||
| احمد فدوی1؛ محسن لعل علیزاده* 2 | ||
| 1استادیار، گروه حقوق، دانشکده علوم اجتماعی، دانشگاه پیام نور، تهران، ایران. | ||
| 2استادیار، گروه حقوق، دانشکده علوم اجتماعی، دانشگاه پیام نور، تهران، ایران. | ||
| چکیده | ||
| با مشاهده انبوه محتوای تولید شده از سوی هوش مصنوعی، این سوال اساسی متبادر می‌شود که مالکیت این آفریده‌ها متعلق به کیست؟ آیا هوش مصنوعی می‌تواند مالک دارایی‌های معنوی تولید شده باشد؟ برای پاسخ به این سوالات، پارادایم‌های کنونی حقوق مالکیت فکری به چالش کشیده شده است و از سوی دیگر، نحوه رویارویی قوانین با خلاقیّت‌های نوین ماشین‌محور می‌تواند حاوی پیامدهای اقتصادی و تجاری گسترده باشد. هوش مصنوعی در حال حاضر برای تولید آثار مختلف هنری، علمی، رسانه‌ای، کامپیوتری و امثال آن به‌کار گرفته شده است. از بُعد نظری، این آثار می‌توانند متعلق حق تلقی نشوند؛ زیرا توسط نویسنده انسانی خلق نشده و در نتیجه می‌توانند آزادانه مورد استفاده قرار گیرند. امّا این امر پیامدهای اقتصادی ناخوشایندی خواهد داشت، چه آنکه اشخاص حقیقی و شرکت‌ها میلیون‌ها دلار بر سیستم‌هایی سرمایه‌گذاری کرده‌اند که محصولات آن توسط قانون مورد حمایت واقع نشده و می‌تواند بدون پرداخت هزینه توسط هر کسی در جهان به‌کار گرفته شود. این چالش بی‌تردید آینده هوش مصنوعی را تضعیف کرده و سرمایه‌گذاری بر روی آن را مخاطره‌آمیز خواهد کرد. برای حل چالش مالکیت فکری تولیدات هوش مصنوعی، راهکارهایی در سراسر جهان ارائه شده است؛ این پژوهش با روش توصیفی تحلیلی در ضمن مطالعه و ارائه رویکرد‌های مختلف، به این نتیجه رسیده است که اعطای حقوق مادی و معنوی به شخصی که عملیات هوش مصنوعی را ممکن کرده است، معقول‌ترین رویکرد است که تضمین‌گر تداوم سرمایه‌گذاری شرکت‌ها در حوزه فناوری خواهد بود. | ||
| کلیدواژه‌ها | ||
| هوش مصنوعی؛ مالکیت معنوی؛ حق تألیف؛ حق اختراع؛ حق چاپ | ||
| عنوان مقاله [English] | ||
| Ownership of Artificial Intelligence-Generated Works: An Overview of the Emerging Intellectual Property Challenges in the Technology Era | ||
| نویسندگان [English] | ||
| Ahmad Fadavi1؛ Mohsen La'l Alizadeh2 | ||
| 1Assistant Professor, Department of Law, Faculty of Social Sciences, Payame Noor University, Tehran, Iran. | ||
| 2Assistant Professor, Department of Law, Faculty of Social Sciences, Payame Noor University, Tehran, Iran. | ||
| چکیده [English] | ||
| ∴ Introduction ∴ The inception of artificial intelligence (AI) as a transformative force in modern society has presented novel challenges across various domains, particularly within the realm of intellectual property (IP) law. Traditionally, IP laws have been predicated on the notion that creativity and invention are inherently human attributes, thereby granting protection exclusively to works generated by human authors. However, the rapid evolution and sophistication of AI has alleviated the gap between human and machine-generated outputs, challenging the foundational principles upon which IP law is built. As AI systems increasingly demonstrate capabilities akin to human creativity, such as generating artworks, music, literature, and even innovative technological solutions, the question of ownership and protection of these AI-generated works becomes more pressing. Historically, the attribution of authorship in computer-generated outputs was straightforward; the person who legally utilized the computer system was considered the author. However, with AI's capacity to autonomously generate complex and creative works, this traditional approach to authorship is no longer adequate. AI’s role in the creation process varies from being a mere tool used by human creators to being an independent creator of works with minimal human intervention. As AI continues to develop and integrate into more aspects of society, the implications for IP law become increasingly complex and far-reaching. This paper seeks to explore these complexities and offer a comprehensive analysis of the ownership issues related to AI-generated works. The discussion delves into the theoretical underpinnings of IP law, the economic implications of AI innovations, and the potential need for legal reforms to address the challenges posed by non-human creators. By examining these issues, the article aims to provide clarity and propose solutions that balance the interests of creators, innovators, and society at large. ∴ Research Question ∴ The central research question guiding this study is: who owns the intellectual property rights to works generated by artificial intelligence? This question is further subdivided into several key inquiries: Can AI be recognized as the owner of the intellectual property it generates? If not, who should be considered the rightful owner of these AI-generated works—the developer, the user, or some other party? How do existing IP frameworks across different legal systems address or fail to address the issue of AI-generated works? What are the potential economic and commercial implications of the lack of clear ownership rights for AI-generated works? These questions are critical as they address the foundational elements of IP law and its application to emerging technologies. The resolution of these questions will have significant implications not only for legal theory but also for the practical aspects of innovation, investment, and the development of AI technologies. ∴ Research Hypothesis ∴ The research is grounded in the hypothesis that the ownership of AI-generated works should be legally recognized to promote innovation and economic growth. This hypothesis is based on the premise that recognizing ownership rights in AI-generated works is essential for several reasons: Incentivizing innovation: legal recognition of ownership rights is crucial for encouraging further investment in AI. Without such recognition, the risk of investing in AI may outweigh the potential rewards, leading to a slowdown in technological advancement. Economic Fairness: companies and individuals who invest significant resources into developing AI technologies should have their investments protected. If AI-generated works are not protected, these entities could face unfair competition from others who freely use their innovations without compensation. Legal Clarity: The current ambiguity in IP law regarding AI-generated works could lead to legal disputes and inconsistencies in court rulings. Establishing clear ownership rules will provide legal certainty and reduce the potential for litigation. ∴ Methodology & Framework, if Applicable ∴ This research adopts a comparative-doctrinal methodology to analyze the treatment of AI-generated works across different legal systems. The study is structured to explore both theoretical and practical dimensions of the issue, with a focus on how various jurisdictions are addressing—or failing to address—the ownership of AI-generated intellectual property. Comparative Analysis: The research begins with a comparative analysis of IP laws in several jurisdictions, including the United States, European Union, Japan, and others. By examining how different legal systems approach the question of AI-generated works, the study aims to identify commonalities, differences, and potential gaps in the current legal frameworks. Doctrinal Approach: The doctrinal approach involves a detailed examination of legal texts, case law, and statutes relevant to IP law and AI-generated works. This approach is essential for understanding how existing laws might be interpreted or adapted to address the new challenges posed by AI. The research critically analyzes legal doctrines such as authorship, originality, and creativity, assessing their applicability to AI-generated works. Economic and Investment Justifications: In addition to the legal analysis, the research also considers the economic and investment implications of recognizing or not recognizing ownership rights in AI-generated works. This aspect of the study involves an analysis of market trends, investment patterns in AI technologies, and the potential economic impact of different legal approaches to AI-generated works. ∴ Results & Discussion ∴ The analysis of AI-generated works under current intellectual property (IP) laws reveals a significant gap between the traditional legal frameworks and the challenges posed by emerging technologies. The results of this study indicate that existing IP laws are inadequate to address the complexities associated with works created by artificial intelligence, primarily because these laws are predicated on the notion of human authorship. The inability of traditional IP law to recognize non-human entities as creators or authors leads to significant ambiguity regarding the ownership and protection of AI-generated works. Ownership and Authorship of AI-Generated Works: One of the key findings of this paper is that the traditional concept of authorship, which ties the creation of a work to human ingenuity and effort, is becoming increasingly problematic in the context of AI-generated works. As AI systems become more autonomous in their creative processes, the distinction between human-created and machine-generated works blurs. This blurring raises the question of whether the law should adapt to recognize AI as a potential author or whether the law should continue to focus on the human elements in the creation process. It is shown that the British model, which grants ownership rights to the person who enables the operation of the AI, appears to be the most practical and effective approach. This model ensures that the entities investing in AI technology are rewarded for their contributions, thereby encouraging continued innovation and investment. By recognizing the programmer, user, or entity that initiates the AI’s creative process as the owner of the resulting work, the law can maintain the incentive structures that underpin IP law. However, this approach is challenging. One of the key concerns is determining the extent of human involvement necessary to claim ownership. In scenarios where the human contribution is minimal—such as merely pressing a button to initiate the AI’s creative process—there is debate over whether this should be sufficient to warrant full ownership rights. This issue becomes even more complex when considering AI systems that are capable of learning and evolving independently of human input, potentially leading to the creation of works without any direct human intervention. Economic and Legal Implications: The research also highlights the significant economic and legal implications of not adequately addressing the issue of AI-generated works. Without clear ownership rights, the economic incentives for investing in AI technologies could be undermined. Companies and individuals may be less willing to invest in AI research and development if the outputs of their investments are not protected under IP law. This could slow down technological progress and innovation, particularly in sectors where AI has the potential to drive significant advancements. Additionally, the lack of clear legal guidelines could lead to an increase in litigation as parties seek to assert ownership over AI-generated works. The study suggests that resolving disputes on a case-by-case basis, as seen in judicial practices like the "Nova Productions Ltd. v. Mazooma Games Ltd." case, may provide a temporary solution. However, relying on case-by-case adjudication is likely to result in inconsistent outcomes and could contribute to legal uncertainty, making it difficult for businesses to navigate the landscape of AI-generated works. Judicial and Legislative Approaches: The research finds that judicial approaches to AI-generated works have thus far been limited and inconsistent. Courts have generally been hesitant to extend IP protection to non-human creators, often defaulting to traditional interpretations of authorship and creativity. However, as AI becomes more prevalent, there is a growing recognition that legislative reform may be necessary to address these challenges systematically. One possible legislative approach is to create a new category of IP that specifically addresses AI-generated works. This new category could establish criteria for determining ownership based on the level of human involvement, the nature of the AI’s creative process, and the economic impact of the work. Such legislation would need to balance the need for innovation and investment with the principles of fairness and equity, ensuring that all stakeholders—developers, users, and society at large—are adequately protected and rewarded. ∴ Conclusion ∴ In conclusion, the rapid development of AI technologies presents significant challenges to the current intellectual property framework, particularly in the context of ownership and authorship of AI-generated works. The study underscores the necessity of adapting IP laws to address these challenges, as the traditional concept of human authorship becomes increasingly difficult to apply in the digital age. The British model, which attributes ownership to the person or entity that enables the AI’s creative process, emerges as a viable solution. This approach balances the need to protect investments in AI technology with the recognition that human involvement in the creative process may vary significantly. By granting ownership rights to those who initiate the AI’s operations, the law can ensure that innovation continues to be incentivized while also providing a clear legal framework for AI-generated works. However, the study also recognizes that this approach has its limitations. The minimal human intervention required in some AI-generated works raises questions about the adequacy of this model in all cases. There is a need for further refinement of the legal framework to address scenarios where AI operates with significant autonomy, potentially creating works with little to no human input. The economic implications of failing to address these issues are considerable. Without clear ownership rights, the incentive for investment in AI technologies could be diminished, slowing the pace of innovation and potentially stifling the development of new technologies that have the potential to benefit society as a whole. Moreover, the lack of legal clarity could lead to increased litigation, creating further uncertainty and potentially hindering the growth of industries reliant on AI. As AI continues to evolve, so too must the laws that govern the ownership and protection of the works it generates. The study suggests that a combination of legislative reform and judicial interpretation will be necessary to create a robust and adaptable IP framework capable of addressing the unique challenges posed by AI-generated works. By doing so, the law can ensure that the benefits of AI technology are realized while also protecting the rights and interests of all stakeholders involved. | ||
| کلیدواژه‌ها [English] | ||
| Artificial Intelligence, Intellectual Property, Copyright, Patent, Publication Rights | ||
| مراجع | ||
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