Generative artificial intelligence and its ability to produce works mimicking human creation has challenged copyrightCopyright law throughout the world, including both IndonesiaIndonesia’s and the European Union (EUEU)’s. These jurisdictions are required to address two primary questions, namely whether artificial intelligence-generated works can be granted copyright protection, and, if so, who should be granted ownershipOwnership over these works. This chapter explains the similarity between Indonesia’s copyright law to a widely recognised copyright concept in the EU, namely its requirement of originalityOriginalityand moral rightsMoral rights concept that is strongly recognised in both the EU Member States and Indonesia, and argues that due to these similarities, Indonesia may have a similar approach in responding to the challenge brought by generative AIGenerative AI. Additionally, it also explains that Indonesia is an interesting site of exploration because, as a middle-income countryMiddle-income country that regularly participates in and influences the development of global intellectualIntellectual property law, an account addressing Indonesia’s legal requirements, norms, and values will contribute new perspectives to a scholarly debate that is overwhelmingly focused on developed countries.

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Comparative Approaches to Copyright Protection for AI-generated Works in the European Union and Indonesia

  • Laurensia Andrini

摘要

Generative artificial intelligence and its ability to produce works mimicking human creation has challenged copyrightCopyright law throughout the world, including both IndonesiaIndonesia’s and the European Union (EUEU)’s. These jurisdictions are required to address two primary questions, namely whether artificial intelligence-generated works can be granted copyright protection, and, if so, who should be granted ownershipOwnership over these works. This chapter explains the similarity between Indonesia’s copyright law to a widely recognised copyright concept in the EU, namely its requirement of originalityOriginalityand moral rightsMoral rights concept that is strongly recognised in both the EU Member States and Indonesia, and argues that due to these similarities, Indonesia may have a similar approach in responding to the challenge brought by generative AIGenerative AI. Additionally, it also explains that Indonesia is an interesting site of exploration because, as a middle-income countryMiddle-income country that regularly participates in and influences the development of global intellectualIntellectual property law, an account addressing Indonesia’s legal requirements, norms, and values will contribute new perspectives to a scholarly debate that is overwhelmingly focused on developed countries.