Protection of non-original objects generated by artificial intelligence: the Ukrainian copyright law approach

Abstract The Law of Ukraine ‘On Copyright and Related Rights’ of 1 December 2022 is the first attempt in the Ukrainian legislation to regulate relations concerning non-original objects generated by a computer programme (including artificial intelligence (AI)). The aim of the article is to analyse the approach to dealing with non-original objects generated by AI proposed by the Ukrainian copyright legislation. The paper provides a general overview of the Ukrainian copyright law approach to non-original objects generated by a computer programme. After that, special attention is paid to the meaning and scope of non-original objects generated by AI. Finally, the article discusses a question of who should be a holder of sui generis rights to non-original objects. Positively estimating the legislative novelty and the accuracy of terms ‘a non-original object generated by a computer programme’ and ‘works created by natural persons with using computer technologies’, the article provides some recommendations concerning art 33 of the Law of Ukraine ‘On Copyright and Related Rights’ interpretation and further legislation improvement.