IMPROVING THE LEGAL PROTECTION OF ARTIFICIAL INTELLIGENCE PRODUCTS: AN INTEGRATED MODEL OF CONDITIONAL LEGAL PROTECTION

Аннотация

As a result of the rapid development of artificial intelligence (AI) technologies, the number of products (texts, images, inventions, etc.) created using SI is increasing. In traditional legal systems, there are uncertainties about copyright and the legal status of such products. This article proposes a model of integrated conditional legal protection (IShHH) in order to strengthen the legal protection of products created by Si. The model, based on the principles of ”conditional legal status“ and ”creative management", assumes the division of SI products according to the degree of human participation into auxiliary, semi-autonomous and fully autonomous types. For each type, the appropriate legal status is proportionally determined and innovative legal protection mechanisms are introduced through the institute of “creative curator”,aspecial registry, as well as arbitration mechanisms. Keywords: artificial intelligence product, copyright, conditional legal status, creative management, creativecurator, legal protection. Introduction. With the help of artificial intelligence technologies, in many areas where human creative activity was previously required, text, drawing, musical composition, or even scientific discoveries are now automatically created. Products created in this way pose new questions to the traditional intellectual property rights system: for example, who will be the author of such works, in what order their copyright protection will be carried out, or who will be responsible for the damage caused by the product. Many current national and international legal norms recognize only human authorship and creativity. For example, in the judicial practice of the European Union, it is argued that works created entirely and independently are not protected by copyright, since they lack human creative input (1). Similarly, the US Copyright Office noted that a work created entirely by artificial intelligence cannot claim copyright, only this a part can receiveprotection if asufficient creativecontribution ofa person is madeto it. In the legislation of Uzbekistan, copyright is also granted only in relation to human creativity – for example, according to the Law of the Republic of Uzbekistan “on Copyright and Related Rights”, the author of a work can only be an individual, and artificial intelligence is not mentioned as a “creative” subject. Since the current legislation does not define the legal status of the creator or product of Si, the legal protection of content created using SI is unclear. This, in turn, leads to a serious legal gap in the commercialization of such products, the implementation of copyrights and dispute resolution. In the case when the authorship of works created with the participation of si has not been established, for example, who commercialized page571 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue06,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai them, it is quite natural for difficulties to arise in matters of concluding contracts or liability for offenses. Currently, active research is underway worldwide on the legal regulation of artificial intelligence products. Dialogues on the topic “artificial intelligence and intellectual property” have been organized within the framework of the World Intellectual Property Organization (WIPO), and an exchange of views continues between states on the authorship of works created by AI. And in the European Union, in 2023, for the first time in history, a comprehensive artificial intelligence procedure (AI Act) was adopted, aimed at various levels of risk. At the same time, a special EU directive on liability for artificial intelligence was drafted, which provides for legal mechanisms to facilitate compensation for damage caused by artificial intelligence systems (3). The EU Directive on liability for existing products was also revised, and norms such as the liability of an artificial intelligence developer as a “product developer” were introduced. Although these changes are aimed at strengthening the legal protection of persons affected by artificial intelligence, on the other hand, one of the issues that has not yet been resolved at the EU legislative level is the copyright status of works created using artificial intelligence. The European authorities plan to develop appropriate regulations, recognizing the need for legal regulation ofcopyright issues in thecontextof artificial intelligence. Thus, the improvement of legal protection mechanisms for artificial intelligence products has become an urgent issue. This article aims to address this issue and proposes a new model called Integrated Conditional Legal Protection (Ishh). The main idea of the model is to establish the legal status of works and products created by artificial intelligence conditionally, that is, differentially depending on human participation in their creation, as well as t