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| Sofyan Arief, S.H., M.Kn. (Photo: Laili Humas) |
Recently, artificial intelligence (AI) has experienced significant developments, including in the field of visual arts. This technology allows computer systems to perform tasks like humans, including creating artworks based on given commands. However, how is copyright protection handled for works produced by AI?
A lecturer from the Faculty of Law (FH) at the University of Muhammadiyah Malang (UMM), Sofyan Arief, S.H., M.Kn., stated that AI-generated works differ from those created by human illustrators. The fundamental difference in terms of copyright lies in the legal subject.
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"In Indonesia, there are currently no specific regulations that establish AI as a legal subject. Therefore, AI cannot yet be a legal subject that holds copyright. Conversely, human illustrators are clearly recognized as legal subjects entitled to their creations based on the principle of originality," he responded.
Unfortunately, Indonesia does not yet have specific regulations to govern Intellectual Property Rights (IPR) for works produced by AI, unlike several other countries in the world. According to him, such regulations are essential to provide legal certainty about who has the rights to works generated by AI and how their copyrights are protected.
"Some legal experts believe that copyright should be attached to the AI itself. Meanwhile, others argue that the copyright should be granted to the creator of the AI, whether the programmer or developer," he added.
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Although there is currently no clear legal protection for AI works in Indonesia, the potential for such regulations remains. The main challenge in Indonesia is determining who becomes the legal subject entitled to the works generated by AI.
Furthermore, in the Indonesian legal system, rights to objects or works can only be owned by legally recognized legal subjects. Therefore, without clear regulations, AI cannot be considered a legal subject with copyright. Sofyan also suggested that the use of AI should not be solely for creating works independently.
"The use of AI should be more as a supporting tool for humans in creating works. Thus, copyright can still be granted to the individual or entity using AI as an aid, not as the primary creator. Although AI has great potential in the creative world, clear and fair regulations are needed to ensure that copyrights and other IPRs can be well protected in this digital era," he concluded. (lai/wil/fajr)
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