Does copyright arise in artificial intelligence? First of all, AI is endowed with human qualities, knows how to analyze the flow of information and create its own exclusive product, and therefore the emergence of copyright in artificial intelligence has been discussed in the legal community for a long time.
In the US, they refuse to recognize copyright in AI products. For example, in the most famous decision of the Supreme Court of the United States in the case of Feist Publications v. Rural Telephone Service Company, it is stated that copyright extends exclusively to the "fruits of intellectual labor", which are "based on the creative abilities of the mind." Also recently, the US Copyright Office published "Instructions for Copyright Registration" where it is determined that the term "author" excludes non-humans. Therefore, in the USA it will not be possible to register intellectual works in which human creativity is not sufficiently manifested.
The Court of Justice of the EU in the decision Infopaq International A/S v. Danske Dagbaldes Forening, based on the originality of the product, noted that copyright does not arise in AI works, since the work must contain the exclusive intellectual creativity of the author. And therefore copyright will arise exclusively from human authors.
In January 2023, the Law "On Copyright and Related Rights" entered into force in Ukraine, regulating the legal regime of AI products. The law does not recognize ordinary copyright for a work generated by AI, since the latter does not fall under the criterion of originality. But it recognizes as AI a right of a special kind (sui generis) to non-original objects that are generated by AI. Sui generis, which governs objects created by a computer program, determines that non-property rights belong only to humans and cannot arise from AI. Such rights belong to the owner or licensee of the software for 25 years.
So, today the legal position of most countries does not recognize AI copyright, because the main criterion for the emergence of the right to a work is human mental activity, therefore the results of AI work can be used as an auxiliary tool in the creative process.