Generated Text and Copyright Law: The Legal Status of Artificial Intelligence-generated Language With Special Reference to Literary Works

Abstract

The development of generative artificial intelligence systems is fundamentally changing the traditional patterns of textual content creation, questioning the fundamental assumptions of copyright based on human authorship and individual creative expression. The paper analyzes the legal status of linguistic expression that arises as a result of the operation of artificial intelligence systems, with a special focus on literary works and the specifics of their copyright protection. Starting from the cla­ssical criteria of originality and authorship, judicial decisions and administrative practice in different legal systems are analy­zed, as well as dominant theoretical approaches to the problem of „originality without an author“. Special attention is paid to the distinction between texts created with the help of artificial intelligence (AI-assisted works) and texts generated by the auto­nomous action of algorithms (AI-generated works), while con­sidering the legal consequences of this distinction in the field of literary creation. The paper discusses the arguments for and aga­inst extending copyright protection to generated texts, including philosophical, utilitarian and normative aspects of the problem, as well as the specific challenges that AI-generated literature po­ses to traditional concepts of authorship and creativity. The aim of the research is to determine whether existing copyright insti­tutions can adequately encompass new forms of linguistic and literary expression or whether it is necessary to develop new le­gal models of protection. It is concluded that generative artificial intelligence changes the classical understanding of the concept of authorship, and that the issue of the legal status of AI-gene­rated literary works requires more precise normative articulati­on in order to ensure legal certainty and an appropriate balance between technological development, freedom of expression and protection of creativity.