On the Legality of the Use of Works in the Application of Artificial Intelligence Technologies

The article analyzes the regulatory regulation of foreign countries in the field of intellectual property and artificial intelligence in order to develop recommendations and proposals for improving legal regulation in the field of protecting the intellectual rights of authors to works using neural networks. It is concluded that the processing of a work using artificial intelligence technology should be recognized as a way of using the work. A work created by a neural network can be considered as a derivative based on original works extracted during data analysis, provided that it contains significant and recognizable features of the original work, which indicates a violation of copyright to the original work. It is proved that when creating works by artificial intelligence, there is no reproduction if the work is used to create a new work in an altered and unrecognizable form. A proposal has been formulated to recognize the use of the results of creative activity by artificial intelligence as a violation of copyright holders if the work generated by the neural network contains recognizable elements of such results.