This composition is part of a series of papers that examines whether, and under what conditions, AI creations can qualify as" workshop" under the current EU brand frame.( 1) In particular, this composition focuses on the conception of" work" under EU law.
The conception of" work" has been recognised by the Court of Justice of the European Union( CJEU) as an independent and harmonised conception of EU law that must be interpreted and applied slightly, taking two accretive conditions to be satisfied – videlicet, that the subject matter of the work is
" original", which means that it reflects the personality of its author, as an expression of the author's free and creativechoices.However, rules or other constraints, with no room for creative freedom, If the subject matter is mandated by specializedconsiderations.identifiable with sufficient perfection and neutrality.( 2)
easily, it may be delicate to demonstrate the author's free and creative choices in the case of AI- supported affair. The following questions come applicable
What types of choices are supposed applicable in the creation of AI- supported affair?
Can the demand of originality indeed be fulfilled given the part of the AI system in the creation of AI- supported affair?
Is it applicable in which phase of the creative process the contended free and creative choices have been made?
Can AI- generated affair fall under the forenamed conception of" work"?
In a September 2020 report, the European Commission( EC) addressed these questions. More specifically, the EC reviewed how to apply the conditions set out by the CJEU to AI- supported affair and AI- generated affair, performing in the offer of a" four- step test". The CJEU, still, is in no way bound by the EC's report.Read More