Even though AI-generated worksAI-generated works cannot meet copyrightCopyright’s requirement, protecting them remains desirable. This chapter emphasises that the goal of protecting AI-generated works is not to grant rights to non-human entities. Instead, it aims to reward and protect the human contributors behind the generative AIGenerative AI. This argument is justified by both natural and utilitarian approaches, by noting that Indonesian copyright integrates these two approaches in its copyright law. By employing these approaches, the chapter proceeds by analysing who should own AI-generated works: 1) human stakeholders; 2) the generative AI softwareSoftware; or 3) no one. It argues that based on natural and utilitarian theory, human ownership of AI-generated works is more justifiable than software ownership. Further, this chapter also asserts that leaving matters related to AI-generated works to be governed by the public domainPublic domain would fail to provide incentives and/or protection for their human contributors and, therefore, should not be considered a solution.

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Why Protect AI-generated Works?

  • Laurensia Andrini

摘要

Even though AI-generated worksAI-generated works cannot meet copyrightCopyright’s requirement, protecting them remains desirable. This chapter emphasises that the goal of protecting AI-generated works is not to grant rights to non-human entities. Instead, it aims to reward and protect the human contributors behind the generative AIGenerative AI. This argument is justified by both natural and utilitarian approaches, by noting that Indonesian copyright integrates these two approaches in its copyright law. By employing these approaches, the chapter proceeds by analysing who should own AI-generated works: 1) human stakeholders; 2) the generative AI softwareSoftware; or 3) no one. It argues that based on natural and utilitarian theory, human ownership of AI-generated works is more justifiable than software ownership. Further, this chapter also asserts that leaving matters related to AI-generated works to be governed by the public domainPublic domain would fail to provide incentives and/or protection for their human contributors and, therefore, should not be considered a solution.