PROTECȚIA PENALĂ A DREPTURILOR DE AUTOR ȘI ARTA GENERATĂ DE AI
CRIMINAL COPYRIGHT PROTECTION AND AI GENERATED ART

Summary/Abstract: The rapid progress of artificial intelligence (AI) has generated a new dimension of artistic creation, raising significant legal challenges regarding copyright protection, the nature of originality and the limits of criminal liability in cases of copyright infringement. This paper aims to explore the Romanian legal framework of criminal copyright protection in the context of creations made by or with the help of AI, analyzing the current applicability of the rules, as well as the need for their adaptation. Current legislation assumes that these works are made by a natural or legal person. In the case of AI-generated art, the question arises whether such a creation can benefit from legal protection and, if so, who is the subject of law: the programmer, the AI user or the entity that owns the system. Furthermore, the use of AI in the creative process can also facilitate the commission of intellectual property crimes, which raises challenges in establishing criminal liability. The current criminal framework is not prepared to fully respond to the challenges raised by AI-generated art. A legislative reform is needed to clarify the status of works created with the help of artificial intelligence and establish objective criteria for their legal protection.

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