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Dr hab. Aleksandra Nowak-Gruca
ORCID: 0000-0003-2657-1939

Dr hab. Aleksandra Nowak-Gruca, prof. UEK

Habilitated doctor in the field of legal science, professor of the University of Economics in Cracow, Patent and Trademark Attorney, Business Trainer. The author of numerous scientific and popular science publications in the field of Intellectual Property Law and new technologies. The winner of NCN grants and international contests. The NAWA scholarship holder.

 
DOI: 10.33226/0137-5490.2022.2.3
JEL: K24, K15

The central problem of copyright law has been so far the lack of sufficiently precise criteria to define the limits of copyright protection. Problems with defining a work (subject of copyright) were brought to court and there was a tendency to protect items with a negligible level of originality. Technological advances, the rapid development of artificial intelligence and machine-generated creativity have brought new problems. The difficulty today is not only distinguishing copyrighted works from other objects. There are also problems with separating human from non-human creativity. Today, AI writes texts and computer programs, paints pictures, composes music. There are concerns that AI may reach levels that exceed human capabilities. The boom in AI development creates many new questions for copyright. The aim of the paper is to present the most important challenges facing copyright today. The question of attributing authorship of works created independently by creative machines comes to the fore. There is also the problem of legal liability for AI's actions. The paper presents possible approaches to the outlined problems along with the assessment of individual legal concepts.

Keywords: copyright; work; concept of creativity; artificial intelligence