Abstract

In copyright infringement cases filed by rightsholders against those using their works, involving, e.g. graphics, books, architectural works, computer programs or music, the issue of AI will appear more often. The purpose of this paper is to examine the impact of the increasing use of AI tools in the creative process on the litigation situation of the parties in copyright disputes. The author analyses both the situation in which a plaintiff seeks protection for a work created with an AI tool and when the subject matter of protection in the case is a “traditional” work, actually created without the involvement of AI. In the article, an attempt has been made to answer the question of whether the context of the increasing use of AI tools in the creative process will: a) make it more difficult for the plaintiff to claim protection, and b) expand the range of defences available to the defendant. The article primarily deals with the issue of whether it is incumbent on the claimant to prove “human” authorship of the work and how this fact can be proven in a court case.