Legal Analysis on The Digital Works Generated by Artificial Intelligence Under the Indonesian Copyright Law

Abstract

Protection on creation and inventions are important as it protects a person’s ideas and intellectual creation in their work. Therefore, the Indonesian Government has enacted legislation which ensures the protection, regulation, and registration of intellectual property rights under the Copyright Law No. 28 of 2014. The presence of this law would mean that the various types of Intellectual Property such as copyright and patent rights would be protected. Especially so during this time of globalization and the increasing number of Artificial Intelligence (AI) that is commonly used by the public. Most recently, AI has developed very rapidly into being able to create academic work such as research papers and utilized to create original work that can be passed off as one’s own. Thus, the question comes to mind in the matter of whether an original work that is created or generated by AI would be able to be registered as an individual or as a corporation’s Intellectual Property in the form of copyrights. On the other hand, would it be instead considered as the Intellectual Property of the AI. Or could it possibly be considered as the Intellectual Property of the sources of which the AI utilized to create such work as AI itself utilizes a large database of information of various authors and creators to generate or create the results that have been demanded. From the result, the generated or the created work of AI such as ChatGPT cannot be registered as Intellectual Property such as Copyright, this is due to the fact that in the concept of Intellectual Property itself requires the work to be originated and created by a human.