Artificial intelligence (AI) is a field of computer science that deals with the creation of systems capable of performing tasks that require intellectual abilities that are usually associated with a person.
The main goal of AI is to create computer programs and machines capable of thinking, learning, making decisions and interacting with the environment at a level comparable to human intelligence.
Artificial intelligence has a significant impact on society in many areas. The most popular model of artificial intelligence at the moment is Chat-GPT. ChatGPT is a text generation model developed by OpenAI. This model is able to generate texts by answering questions. It learns from huge amounts of textual data and uses a transformer mechanism to generate coherent and informative responses.
When working with ChatGPT, the user can get a text as the final result, in the scope of scientific research or a literary work.
A lot of research has been conducted around the world on this issue, this article will describe aspects of copyright in relation to AI in relation to Kazakhstani legislation.
Literature Review. AI allows researchers to conduct an extensive analysis of scientific articles and publications, identifying and summarizing key ideas and results in this field. Automatic natural language processing systems reduce the time to study literature, and offer researchers relevant sources of information.
Text generation. AI is used to automatically generate text based on the data provided and templates. Applicable when creating an introduction, an abstract or sections of a scientific work, a literary work.
Data Analysis AI provides an opportunity to process and analyze the data collected as part of the study instead of the researcher. Methods of machine learning and statistical analysis can be used to identify patterns, build models and conduct statistical tests.
Plagiarism check. AI is used to check the presence of plagiarism in the text of a scientific work. Plagiarism checking systems can compare the written text with a huge database of scientific publications and other sources of information, revealing similarities and pointing to possible copyright infringement.
Prediction and modeling: AI provides the ability to create predictive models based on data and conduct numerical experiments instead of a researcher.
Currently, scientific works, literary works that were prepared with the help of artificial intelligence have already been published. Chat GPT, among other things, can fully form the information for writing the corresponding work.
The question of whether artificial intelligence (AI) is an object or subject of copyright raises some complexity and involves several aspects.
Let's consider AI from the point of view of Kazakhstan's legislation as a subject or object of copyright. In the Republic of Kazakhstan, copyright is regulated by the Law "On Copyright and Related Rights" of June 10, 1996 (hereinafter - the Law). This law defines the rights of authors to intellectual creative works and protects their interests. However, the legislation does not explicitly mention AI in the context of copyright.
In accordance with subparagraph 2 of Article 2 of the Law, copyright is the personal non-property and property rights of the author.
The author is an individual whose creative work created a work of science, literature, art. Thus, the subject of copyright is an imperatively natural person who is the copyright holder.
Therefore, according to Kazakhstani legislation, artificial intelligence cannot be the copyright holder, author and subject of copyright. AI cannot enjoy rights and responsibilities, bear full responsibility. It is not recognized that AI creates works by its personal creative work, since the results of the work of artificial intelligence are formed with the help of publicly available data, through the compilation of specific requests by the AI user. However, in the world there are already examples, already created by man AI independently creates literary works. For example, back in 2016, researchers from the University of the Future Hakodate (Japan) created a novel using artificial intelligence, which even passed to the final of a literary competition, competing on a par with individuals.1 The jury recognized AI as the author of the work, which causes disputes between lawmakers.
The subject of copyright in works created by AI, we believe it is necessary to recognize the persons or organizations that created and owns the AI itself, and not the AI as such. However, this is only if the AI is aimed at a very narrow area of knowledge, which is trained only through the data embedded by the creator. In other cases, where works of AI are created through the use of publicly available data through user requests, the copyright may belong to the person using the AI.
In the event that a person uses an already created AI as a tool or assistant for creating works, the copyright will belong to the person who made the creative decisions and managed the process of creating the work. AI can be used to generate an idea or content, but the decisive role in the creative process remains with the person.
However, if AI creates a work without significant human involvement, aspects of copyright become problematic. The question of the status of the works thus created and their protection remains open, and the legislator does not give a clear answer on this issue. Verification of creative activity of a person or AI is technically impossible now when registering copyright in Kazakhstan.
The object of copyright in Kazakhstan is recognized as works of science, literature and art that are the result of creative activity, regardless of their purpose, content and dignity, as well as the method and form of their expression. (paragraph 1 of Article 6 of the Law).
In the absence of a specific mention of AI in the law, its status as an object of copyright in Kazakhstan remains uncertain. However, in accordance with the general principles of copyright, works created by AI can be recognized as copyrighted if they meet the requirements of originality and intellectual creative activity.
More specifically, the objects of copyright in Kazakhstan are: literary works, dramatic and musical-dramatic works, scripted works, works of choreography and pantomimes, musical works with or without text, audiovisual works, works of painting, sculptures, graphics and other works of fine art; works of applied art; works of architecture, urban planning, design and landscape art; photographic works and works obtained in ways similar to photographs; maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences; computer programs; other works.
Will the result of AI activity be subject to copyright?
Based on a direct interpretation of the regulatory framework, human intervention in the process of creating and making creative decisions is considered an important factor for the recognition of the object of copyright. In order for a work created using the activities of artificial intelligence to be recognized as an object of copyright, it is necessary to have a significant creative contribution from a person.
Thus, works created by a person using AI, which helps in the creation of a work, will be recognized as objects of copyright. AI in this case is considered as a tool, and creative solutions and contributions to the creation of a work belong to man.
However, if artificial intelligence independently without the participation of a person created any work, then we believe that authorship cannot be recognized for an individual according to a direct interpretation of the legislation. At the same time, the exact assessment of the status of the results of AI activities is not enshrined in the legislation of Kazakhstan.
For example, the results of creating images, independent texts that a person did not assume when asking for artificial intelligence cannot belong to a person due to the lack of a significant creative contribution. The existence of an object of copyright without a subject of copyright, namely an author who is an individual. We believe that the request of artificial intelligence should be recognized as an idea. According to Kazakhstani legislation, ideas cannot be objects of intellectual property.
However, at the moment there is no specific legal regulation of the use of artificial intelligence.
Some legislative acts affecting similar issues are: Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-V "On Informatization", regulating the sphere of informatization and use of information technologies in the country.
The Copyright and Related Rights Act of 10 June 1996 establishes the rights and responsibilities of copyright holders in the context of using AI to create, process or distribute copyrighted works.
The Ministry of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan proposed to develop a Digital Code. This code should consolidate and codify all legal acts regulating AI issues. It is supposed not only to unite and collect all acts into one code, but also to introduce institutions for regulating digital technologies in the aspect of globalization and the development of society today and in the future.
The issue of the status of artificial intelligence as a subject or object of copyright in Kazakhstan remains open and requires specific legal regulation with the adoption of norms establishing the legal status of artificial intelligence in the intellectual property law of the Republic of Kazakhstan.
Footnote
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
