Author(s): Aleksandra Nowak-Gruca
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Administrative Law
Published by: Oficyna Wydawnicza Uczelni Łazarskiego
Keywords: copyright; cyborg; cyborg creativity; authorship; concept of a work

Summary/Abstract: The copyright law enshrines the principle that copyright protection can be considered only in the case of works of human origin, which is mitigated in the Anglo-Saxon systems by introducing the category of computer-generated works. Nowadays we are dealing with a situation where, first of all, we are unable to precisely indicate the features of the subject of protection and copyright law grapples with an unresolved problem of distinguishing a work from other objects. Secondly, in the case of new phenomena such as the creation of AI, androids or cyborgs, there are difficulties with attributing the authorship of the work. This results in a too high level of uncertainty of legal effectiveness. The aim of the paper is to present the phenomenon of the work of cyborg artists in the context of the anthropocentric approach to the authorship of the work, which is dominant in copyright law. The central problem here is the question of the copyright status of works that arise as a result of shifting the boundaries of human possibilities.

  • Issue Year: 16/2022
  • Issue No: 2
  • Page Range: 79-93
  • Page Count: 15
  • Language: Polish