TINJAUAN YURIDIS ASPEK PERLINDUNGAN HAK CIPTA TERHADAP AI-GENERATED IMAGES

Larasati, Hening (2024) TINJAUAN YURIDIS ASPEK PERLINDUNGAN HAK CIPTA TERHADAP AI-GENERATED IMAGES. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

This research aims to analyze the legal aspect of copyright protection of AI-generated images that uses machine learning-based generative model under copyright law regime in Indonesia. The rapid development of technology created an environment that allows user to easily access AI image generation software. Copyright law plays a pivotal role in regulating both the process and output of said activities. This research discussed two topics: whether users may be afforded copyright protection over the AI-generated image concerned and whether similarities between AI-Generated Images and pre-existing works constitutes copyright infringement. The analysis is based on both primary and secondary sources of law that may be applicable to the copyright law regime in Indonesia. This research uses the normative method. The research found two elements of copyright protection that are unfulfilled in the creation of AI-Generated Images, which are the element of originality and minimum creativity. This research also found that similarities between AI-Generated Images and pre-existing works does not immediately constitute copyright infringement. It’s concluded that users cannot be afforded copyright protection for the AI-generated images and and that further case-by-case analysis needs to be made in the case of similarities between AI-Generated Images and pre-existing works.

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