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The Legal Nature of the Computer-Created Artworks

Student: Volkova Polina

Supervisor: Vitaly Kalyatin

Faculty: Faculty of Law

Educational Programme: Information Technology and Intellectual Property Law (Master)

Year of Graduation: 2017

In the research paper the author has discussed a number of issues related to the legal nature of the artworks created by intelligent computer systems. The author has primarily explored the matters related to the definition of intelligent computer systems, as well as problems of the concept of creativity. Analysis of the legislation of the Russian Federation and foreign countries, and the judicial practice allowed to conclude if it is possible to recognize works created by computers copyrightable and to justify the need for their protection by copyright. Then the author reviewed and analysed five most likely options for the distribution of copyright works such as: the сreator of the intellectual computer system as an author of the artwork, the user as an author, granting exclusive rights to the organizer of creation of the artwork, the system as an author itself, and assigning to such works the public domain status.

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