@misc{9218678,
  abstract     = {{This essay examines when a work created by an AI-system can receive cop-
yright protection from a Swedish and EU legal perspective. To explore this
area, I have primarily used Chapter 1, paragraph 1 of the Swedish Copyright
Act (URL), which regulate artistic and literary works. This paragraph can be
applied to works that are created using different techniques, which implies
that also AI-works can fall under its scope. I have also used some EU case
law to get further guidance on the topic.

There are some requisites that must be fulfilled in order to get copyright pro-
tection for a work created by an AI-system. Those requisites are examined in
the main part of the essay. First, the work must qualify as an artistic or literary
work. In addition to that, it´s required that a human is part in the creating
process. The work has to be an original creation. The work should reflect the
author´s personality. It reflects the author´s personality if he or she was able
to express his or her creative abilities in the production of the work by making
free and creative choices.

In the analysis of the essay is discussed how those requisites could be fulfilled
for works created with the help of an AI-system. Such systems can often cre-
ate artistic and literary works such as songs, texts or movies. But it´s required
that a human is playing some part of the creation of the work. How big this
impact has to be is not entirely clear. It depends on whether the work is an
original creation and if a person has been able to make free and creative
choices which allow the work to reflect the authors personality.

The essay also discusses changes that could be implemented through legisla-
tion. If the requisite that the author must be a physical person would be re-
moved, it would lead to a greater extent of works from AI-systems that gets
copyright protection. Consequently, it could lead to an advantage by more
works getting copyright protection and more people want to develop better
AI-systems. But it could also lead to a disadvantage, as human creativity can
become less important and therefore not develop as much.

To specifically legislate that AI-works can get copyright protection would
probably not change the legal situation much, as I believe that AI-works al-
ready falls under the scope of Chapter one, paragraph 1 in URL. But a change
could be to distinguish works that are created with help from an AI-system
and works that are only created by humans. This could create a bigger moti-
vation to continue producing human-created works.}},
  author       = {{Nilsson, Melker}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Upphovsrätt för AI-verk - när ett AI-verk kan få upphovsrättsligt skydd}},
  year         = {{2026}},
}