|dc.description.abstracteng||The rise of artificial intelligence (AI) and the rapid development of its creative abilities, pose the necessary question about of to whom the copyright of these creations is guaranteed should be granted. AI's stand-alone programs perform different creative functions that result in new copyrightable works, such as composing songs, drawing, or creating new paintings. This thesis seeks to answer this question of who the owner of copyright of works created by AI should be, and how to apply the solution considering the legal requirements for allocating copyright.
Part of the research takes a historical approach to the copyright law and AI. Allocating copyright to AI-generated works is a modern challenge faced by legal systems around the world. Copyright law has evolved from the first known disputes, through the protection of publishers and booksellers in the 17th century, to the romantic discourse of the right of author in Europe in the 18th century, to the protection of the right of author and the Statute of Anne. The scientific and academic community has come to recognize the creative potential of AI, and they have begun to request for legislation. Therefore, the thesis employs a qualitative research, that compares and contrasts different contexts and provides an analysis of the challenges of granting copyright to AI generated works under the current copyright requirements of human creativity and provides considerations about algorithm creativity. The legal requirements exclude non-human authorship in most legislations, with exception of the United Kingdom (UK). For this reason, the thesis explores the regulation regarding non-human authorship and accordingly examines treaties, doctrines, statutory copyright laws, and cases that regulate the concept of authorship in the EU, the US, the UK, Germany, Colombia, and the gaps in the regulations.
It concludes, that creativity is not only a human characteristic. The algorithmic creativity is used by AI for creating new works and represents the social change that must be reflected in the law to ensure legal security. Also, the different elements that are part of protectable work legislation can be adapted to include the independent creations of AI. However, the purpose of copyright protection to encourage innovation by authors is an important and exclusively human aspect that goes beyond the technical and ontological aspects of creativity. As AI is not encouraged through recognition to create new works, and programmers are the direct creators of the program and indirect creators of the final work, the fair solution would be to recognize the effort and promote it.||de