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Artificial Intelligence and Copyright Relation in Indonesia

Although Artificial Intelligence (AI) can theoretically create literary, artistic, and musical works without human intervention, this does not imply that AI is a legal entity capable of acquiring exclusive rights.

(Photo by Tara Winstead / pexels.com)

 

In an era of rapid Artificial Intelligence (AI) development, Indonesian copyright law faces complex challenges. AI, a product of computer systems, can generate literary, artistic, and musical works without human intervention, resulting in two distinct categories: AI-assisted works, in which AI assists people in content creation, and AI-generated works, in which AI generates content autonomously. Copyright is the exclusive right provided to authors when their works are embodied in physical form under Indonesian Copyright Law, subject to legal constraints. An author, as defined by the law, can be a natural person or a legal entity.

Furthermore, copyright exclusive rights include moral rights, which are associated to an author’s unique personality related to the works and last as long as the author lives, and economic rights, which allows authors to derive economic benefits from their works. The crucial question is whether AI can be identified as the author of AI-generated works.

 

According to Indonesian Copyright Law, AI, as a system, does not meet the criteria to be considered a natural person or legal entity. In relation to the exclusive rights, AI also lacks human-like uniqueness and personality, making it ineligible for moral rights. It also cannot independently exercise economic rights, as it depends on human intervention and control for decisions related to the commercial aspects of works, such as engaging in interactions and negotiations with other parties for economic use. Consequently, AI cannot be acknowledged as an author under current Indonesian Copyright Law. Authorship necessitates human intervention, such as creating works with AI assistance, while authorship remains with the natural person.

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