ABSTRACT
Artificial Intelligence (AI) systems have already obtained a significant role in the market, including the market of creative works. As every technological development, similarly the emergence of such AI systems challenges the limits of existing law and poses the further question: interpretation or regulation? Namely, the question that arises is whether our existing law is appropriate and sufficient, through its interpretation, to solve the legal problems that AI poses or whether a legislative intervention by the adoption of a new legal act regulating the field of AI is necessary. Especially copyright law is mainly concerned with the type of AI technology that is called ‘Generative AI’, ie the AI technology which can produce content of various categories, such as images, texts, musical compositions etc. The impact of AI technologies on copyright law is wide-ranging and multifaceted. In this context, the protection of authors as a foundation of copyright law becomes a key legal policy objective for the operation of Generative AI systems, which, based on the machine learning process, use a large volume of works protected by copyright law to extract content. The present study will explore the issue of the legislative introduction at EU level of a collectively managed remuneration right of authors for the use of works by Generative AI systems. After an introduction to the topic (I), the de lege lata approach of the EU legislator to the issue of the connection between Artificial Intelligence and copyright and the issue of insufficient remuneration of authors arising from this approach will follow (II). Then, the relevant proposals already made by scholars for the establishment of such a remuneration right of authors will be presented and the differences between these proposals will be identified (III). Finally, on the basis of these relevant proposals, an attempt will be made to present an EU system of remuneration of authors in the context of AI technologies, which, with the active presence of collective management organisations, will ensure the economic position of authors (IV). The conclusions of the study will follow (V).
Moraitis, Marios, AI and Copyright Towards the Introduction of an EU Remuneration Right (July 14, 2024).
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