Aktuální otázky práva autorského a práv průmyslových 2025

ABSTRACT

This publication presents a comprehensive reflection on the international scientific conference Autorskoprávní aspekty generativní umělé inteligence, held at the Faculty of Law of Charles University in November 2024 and dedicated to honouring Professor Karel Knap and his lasting influence on copyright theory. The volume summarizes contributions from leading Czech and Slovak scholars addressing foundational and contemporary questions of authorship, originality, and the protected and unprotected components of copyright in the era of generative artificial intelligence. The individual papers analyse the legacy of Knap’s doctrinal work, current challenges posed by AI models, the limits of text and data mining exceptions, the evolving international case law, and the regulatory framework under the EU AI Act. These include the evolution of the concept of authorship in light of machine-assisted and machine-generated creativity; the applicability and limits of text and data mining exceptions; the tension between technological progress and the legitimate interests of rights holders; the legality of training datasets, and the enforceability of contractual and statutory restrictions. Several papers provide detailed doctrinal analyses of originality tests, contextual authorship theories, and the distinction between mere ideas or styles and protectable creative expressions in algorithmically produced works. At the regulatory level, the contributions explore the implications of the EU AI Act for copyright-relevant obligations of general-purpose AI model providers, including transparency, risk mitigation, and respect for rights reservations. Complementary perspectives address data governance, legality of training data, and potential future models of compensation, control, and consent for authors whose works are used in the development of AI systems. Together, the publication offer a nuanced and interdisciplinary examination of how generative AI challenges long-standing premises of copyright law while simultaneously reaffirming the relevance of Karel Knap’s doctrinal insights for navigating these transformative developments.

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