Jusletter IT

Speaking of the works created by or using artificial intelligence (AI) either in form of specialized software (as the portrait of Edmond Belamy) or an interactive platform (as the DeepArt’s or Humtap’s outcomes), there is an indisputable role of humans. Within such an AI-included creative process, we can find a lot of subjects interacting with an AI, either as (i) the author of an AI per se, (ii) the authors of all the datasets used for creating a basic framework, which serves as an environment for creating the works, or (iii) the users of an AI providing input data for it to create the works. All these subjects have potential IP rights to the resulting works, even if there is no strict answer to who is the real author of the work. Therefore, the paper analyses the question of how relevant their contribution to the creative process and to the work per se is, and what could be their potential authorship claim.