WHEN AI CREATES: COPYRIGHT AND LEGAL ETHICS

In recent years, artificial intelligence (AI) has made significant strides, moving beyond data analysis and task automation to "create" works of art, music, text, and even code. This ushers in a promising era, but it also presents numerous complex legal challenges, especially in the field of intellectual property (IP).

When a painting is drawn by AI, a piece of music composed by AI, or a story written by AI, who owns the copyright? May AI be considered an "author" under current legal provisions?

May AI be an "Author" under the Law?

Under Vietnam's Intellectual Property Law and that of most countries worldwide, an author must be a person who directly creates a work through their intellectual labor. This implies that the author must be a human being. Artificial intelligence (AI), despite its astonishing "creative" capabilities, remains merely a tool, an algorithm programmed by humans. Therefore, attributing "author" status to AI currently lacks a solid legal basis. This leads to several complex issues:

• If AI is not the author, who then owns the copyright? Could it be the AI developer, the person who uses the AI to create the work, or the one who provides the training data for the AI? Each option has its own arguments, and there is no clear consensus.
• Ethical and fairness issues: If works created by AI are not protected by copyright, would it still encourage the development of technology and human creativity in applying AI? Conversely, if protection is granted, how can we ensure the rights of "real" artists and authors who may be affected by AI's advancements?

Currently, many countries are considering amending their IP laws to adapt to AI's development. Some viewpoints suggest:

• Works generated by AI should be protected under a different form: Not through traditional author's copyright, but possibly through related rights or a distinct "sui generis" (unique) form of protection.
• The human role in the AI creation process needs clear definition: If human intervention is significant in the AI's creation of a work (e.g., providing initial ideas, editing, selecting AI-generated outputs), then these individuals could be considered co-authors or authors.

Vietnam is also part of this trend. Updating IP legal regulations to promptly address issues arising from AI is crucial. This will not only help protect the legitimate rights and interests of relevant parties but also foster the sustainable development of the creative industry in the digital age.

The evolution of AI is opening new doors for creativity, but it also compels us to re-evaluate legal concepts that have existed for centuries. Finding a satisfactory resolution to the issue of AI copyright will be one of the key tasks for lawmakers in the near future.