Moral and Economic Rights in Artificial Intelligence-generated Works
摘要
Economic and moral rightsMoral rights are inherent to copyrightCopyright law, both in Indonesia and in the EU. Economic rights protect the financial interests of the copyright owner, while moral rights safeguard the authors’ attributionAttributionand integrityIntegrity of their works. This chapter contends that while economic rightsEconomic rights can be assigned to the human contributors behind AI-generated works, moral rights cannot. Economic rights of AI-generated works are best attributed to the usersUsersof generative AIGenerative AI for two reasons. First, economic rights compensate users for their efforts in creating AI-generated works. Second, these rights incentivise users to produce more works, thereby increasing the demand for generative AI in the long run. Meanwhile, moral rights originate from the notion of romantic authorshipAuthorship, which asserts an inseparable connection between an author and their work. The inseparable connection presents a challenge in establishing the necessary connection between the creator and the AI-generated works to justify the attribution of moral rights. The discussion in this chapter proceeds by investigating the potential for recognising users of generative AI as holders of moral rights, but concludes that it might not be possible, given that users may not directly produce the works. Furthermore, attributing moral rights to generative AI softwareSoftware is not feasible, as the software lacks the personalityPersonality that can be reflected in the work. Moral rightsEconomic rightsCopyrightIndonesian copyright lawEU copyrightAttributionGenerative AIOriginalityAuthorshipCreativity