Artificial intelligence as a creator of works of art and copyright

In modern conditions, the use of objects created using artificial intelligence (AI) technologies is becoming widespread, since almost any person has the opportunity to receive texts, images, video materials and other results of creative activity using appropriate programs and further use them in the media, publishing, social networks and web resources. At the same time, such activity is not outside the scope of legal regulation, because relations related to the creation of new or modified results of intellectual activity are traditionally covered by the scope of copyright. The increasing availability of artificial intelligence programs and their ability to process large amounts of data in order to generate a result according to user-specified parameters makes relevant not only the issue of developing the creative capabilities of authors, but also the problems of their legal awareness and responsibility. It is these processes that cause legal conflicts in national practice regarding the determination of authorship, the legal status of results created with the participation of AI, and mechanisms for protecting intellectual rights, in particular in the field of art, which requires thorough understanding and proper regulation by civil science. Ukrainian legislation is generally focused on taking into account the modern challenges of digitalization and provides for the regulation of the use of digital technologies, digital and virtual content, as well as issues of copyright compliance when creating works using artificial intelligence programs. The article analyzes the key problems of authorship protection in the process of creating works of art with the participation of AI, outlines the current national legal framework, and considers certain foreign approaches to the legal regulation of copyright in the context of the use of artificial intelligence technologies. Particular attention is paid to the formulation of author’s proposals regarding the criteria for classifying artists’ works as unique objects of copyright and the possibility of providing them with legal protection in accordance with copyright legislation even if artificial intelligence databases or tools are used.