KI-basierte Werke im Urheberrecht – eine Einordnung (AI-Based Works in Copyright Law – A Utilitarian Argument against Protection)
English Abstract: The article outlines possible copyright protection for AI-generated creations in European copyright law. From a doctrinal perspective, the status of the lex lata seems clear: Genuine AI-generated creations do not qualify for copyright protection in Europe. At a closer look, however, the necessary differentiations also depend on the specific training data, AI-tools and their concrete use; in certain exceptional cases copyright protection will be possible. Against this background the author discusses some of the more recent proposals for new protection instruments de lege ferenda (e.g. related rights) in the realm of AI-generated creations. The author argues that the main current issue actually is not a possible protection need for AI-generated creations, but rather the implications which AI-tracked and -guided exploitation and use of copyrighted works might have for the remaining space for and freedom of creativity of future human authors. In this respect, the author develops a strong utilitarian argument, based on modern political philosophy of copyright law as well as on economical considerations, against any new specific protection for AI-generated creations – at least for the moment