THE PROBLEM OF THE SECURITY OF WORKS CREATED USING GENERATIVE ARTIFICIAL INTELLIGENCE

The article analyzes the actual problem of the protection of works created using generative artificial intelligence. The research is based on the concept of the intentionalvolitional minimum – a set of signs indicating the volitional intention and creative activity of a person when creating a work. The study of the categories of will and expression of will in the framework of interaction with generative AI determines that the main way of expressing a person’s will is promptness. Two main scenarios of using generative AI are analyzed: when the AI edits the original «draft» of a work already created by a human and when the AI creates a work «from scratch» at the user’s request. At the same time the author comes to the conclusion that the protection of the result in both cases is determined by the presence of creative control on the part of a person over the process and the final result. Based on the analysis five criteria for assessing the protectability of works created using generative AI are formulated. It is proposed to introduce the developed criteria into judicial practice in order to form a consistent approach in the mass use of generative models.