Kozminski University - Warsaw "Legal Challenges of Disruptive Technologies" FROM BLOCKCHAIN TO AI: INTELLECTUAL PROPERTY IN DISRUPTIVE TECHNOLOGICAL TIMES May an AI machine be considered as author of a copyrighted work? Which remuneration? Who pays whom? Should we consider different fees for different works? What can we learn from the past?

1. AI and Copyright
How to Find
Balances between
Human Creativity
and Technological
Systems

2. Can you image a world without lawyers?

3. 5 Questions
May an AI machine be considered as author of
a copyrighted work?
Which remuneration?
Who pays whom?
Should we consider different fees for different
works?
What can we learn from the past?

5. EU LAW
The EU directives do not qualify the subjective
requirements of the figure of the author (InfoSoc Dir.,
The author of the work is a “human being” but also -
more generally - as author of the work or any other
rights holder

6. Court of Justice
CASE-LAW
Copyright work is “an intellectual
creation of its author” (case C-5/08,
Infopaq),
Court of Justice: intellectual work
is worthy of protection when it is
the result of free and creative
choices of its author (case C-
145/10, Panier)
Various elements and various
phases of which it is composed,
and which are not limited by the
fact of these choices are limited by
technical reasons.

7. Works Totally
Created by AI
Technologies
U.S. Copyright Office (USCO) (2019)
denied copyright protection for a work
entitled “A Recent Entrance to
Paradise” (lacking of human autorship)
Review Board of the Copyright
Office (2022) confirmed the decision
See also U.S. District Court of Columbia
- 18 August 2023 – same arguments
Italian Court of Cassation: 16 January
2023, no. 1107 – copyright protection
granted to a flower created with the aid
of an AI software, because the human
contribution is still identificable

9. Which Remuneration?

11. Collecting revenues

12. Different fees for different licenses

14. What can we learn from the past?