Sui generis rights are designed to protect subject matters that cannot meet traditional intellectual property requirements, but that for some reasons still require protection. This is especially relevant for AI-generated worksAI-generated works. Therefore, this chapter explores existing sui generis rights as potential frameworks for protecting AI-generated works. First, it evaluates sui generis rights for the protection of traditional cultural expressionsTraditional cultural expressions in Indonesia and concludes that this model is unsuitable for AI-generated works because it emphasises community ownership and is often implemented locally. Second, it assesses suigeneris database rightsDatabase right in the European Union and finds that both database and AI-generated works protection aim to protect technological investmentInvestment rather than authorshipAuthorship. However, the sui generis database rights are only applicable within the EU, while generative AI necessitates globally-accepted regulations because its production, distribution, and consumption process often transcends national boundaries. Therefore, a comprehensive international framework is essential for the effective protection of AI-generated works.

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Sui Generis Protection for AI-generated Works

  • Laurensia Andrini

摘要

Sui generis rights are designed to protect subject matters that cannot meet traditional intellectual property requirements, but that for some reasons still require protection. This is especially relevant for AI-generated worksAI-generated works. Therefore, this chapter explores existing sui generis rights as potential frameworks for protecting AI-generated works. First, it evaluates sui generis rights for the protection of traditional cultural expressionsTraditional cultural expressions in Indonesia and concludes that this model is unsuitable for AI-generated works because it emphasises community ownership and is often implemented locally. Second, it assesses suigeneris database rightsDatabase right in the European Union and finds that both database and AI-generated works protection aim to protect technological investmentInvestment rather than authorshipAuthorship. However, the sui generis database rights are only applicable within the EU, while generative AI necessitates globally-accepted regulations because its production, distribution, and consumption process often transcends national boundaries. Therefore, a comprehensive international framework is essential for the effective protection of AI-generated works.