1.
Artificial Intelligence: A Brief Summary
Artificial intelligence has become an area of interest
for people from all walks of life with the increase of science fiction movies
and technological developments.
Artificial intelligence, which used to be used only
for military purposes in the past, has become an integral part of life as it
has started to be used even in the television at homes.
In addition, the problem of how to evaluate various
music, novels, poems and paintings created through artificial intelligence has
emerged, and this issue has begun to be legally discussed even in the European
Commission.
In this study, firstly, the concept of “work” is
defined and how this concept exists in Turkish law is explained. In the second
part of the study, the products created by artificial intelligence are explained.
Today, there are many goods which are created by
artificial intelligence. These goods have a beautiful and artistic structure
that is close to the goods produced by humans.
The problem in terms of artificial intelligence law is
whether there is a work within the scope of Law on Intellectual and Artistic
Works (LIAW) when these products are created by artificial intelligence and how
to determine the ownership of the work.
In our law, the work is regulated under the Law on Intellectual
and Artistic Works [1]. The term "work" is defined in Article 1/B of
the Law as "all kinds of intellectual and artistic products that bear the
characteristics of their owner and are considered as works of science and
literature, music, fine arts or cinema".
Based on the definition of work in Article 1/B of the LIAW,
it would be correct to say that creations that do not have even one of the
characteristics specified therein cannot benefit from the protection of the LIAW.
As explained below, LIAW does not consider every
creation as a work, and creations that do not carry the characteristics of
their owner are not included within the scope of the law, even if they are the
product of an intellectual effort. [2]
In addition, there is no obstacle for the creation to
be considered as a work if the work is made with the active participation of
the author through computer or other machines. [3]
Accordingly, there is no difference between the
creation of a painter on a tablet computer and the creation of a painter on
canvas, provided that the other conditions are also met.
It is not possible for only the thought or idea of a
creation to be considered a work. Even if the work does not have to be
completed, it must come out of the inner world of the person. [4]
2. Works
Created through Artificial Intelligence
One of the most important creations of artificial
intelligence is the "Moral Storytelling System" designed by Margaret
Sarlej, a student at the University of New South Wales. Users define their
choice of emotion out of twenty-two different emotions to the system, and the
system creates stories containing these emotions, similar to Aesop's fables,
from which moral conclusions are drawn. [5]
The novel is the other creation created through
artificial intelligence. Ross Goodwin authorized the artificial intelligence
program to read the sensors and GPS installed in his car and set off on a
journey. The program then processed this data into literary texts. [6]
Although poems
have long been written through artificial intelligence, the most advanced among
them is the Verse by Verse application developed by Google. In this
application, which is still under development, a start is made by selecting up
to three poets whose poems have all been entered as data. [7]
Then, when the user types the first verse, the
application brings the appropriate verses according to the poet to the screen,
and the other verses are created in this way with the user's choice. Another
product created using artificial intelligence is paintings. The Next Rembrandt
project was launched with the motto "What would Rembrandt look like if he
lived and painted another painting?".
In this context, over three hundred of Rembrandt's
paintings were analyzed one by one in the digital environment with the help of
most of the owners, including museums, and after dozens of trials and
developments, a new painting that is very similar to Rembrandt's works was
created through artificial intelligence. [8]
Also worth mentioning is the music produced through
artificial intelligence. The most well-known ones are MorpheuS and AIVA, and
these artificial intelligences are used to produce music to be used as game and
movie soundtracks. [9]
Most recently, the picture of Mustafa Kemal ATATÜRK was
drawn by artificial intelligence. [10]
3. Who Owns the Copyright on a Photograph?
In order for a photograph to be considered a
"work", it must first of all carry the "characteristics of its
owner". However, this is not enough; if a photograph has an "aesthetic"
value, it is protected as a "work" under the law (LIAW, Art. 4/5).
The Law also recognizes and protects some special
photographs as works even if they do not qualify as works. "All kinds of
technical and scientific photographic works" are of this nature (LIAW,
Art. 2/3).
As can be seen, the Law specifically regulates
"portraits" apart from the two classes mentioned above. According to
Article 86 of LIAW, portraits may be made available to the public 10 years
after the death of the depicted person.
In a photograph of a person, there are at least two
parties, one being the photographer taking the photograph and the other being
the person photographed. Therefore, a photograph of a person is subject to the
rights of at least two persons.
If the photograph is a photograph that has
"aesthetic value" within the framework mentioned above, or if it is a
photograph within the scope of Article 4/5 or Article 86, it will be considered
as a work, and the photographer who took the photograph will be considered the
author and will be able to use the author rights specified in the law.
In summary, all copyrights of the photograph will
belong to the photographer who took the photograph.
However, the fact that the copyright of a photograph
belongs to the photographer does not mean that he/she can use the photograph as
he/she wishes. A photograph of a person falls within the definition of
"personal data" under both Article 3/d of the Law on the Protection
of Personal Data and Article 135 of the Turkish Penal Code.
In addition, a person's photograph is included in
his/her "Private Life". Without the permission of that person, that
photograph cannot be disseminated to the public or reproduced. Otherwise, even
if it is the photographer, the person who publishes the photograph will be
deemed to have violated the provisions of Turkish Criminal Code 135-137 on the
recording of personal data or TCC 134 on the privacy of private life.
In addition, in the continuation of Article 86 of LIAW;
"1. Pictures of persons who play a role in the
political and social life of the country;
2. Pictures showing parades or official ceremonies or
general meetings in which the depicted persons participate;
3. Pictures related to daily events and radio and film
news.
(Amended third paragraph: 23/1/2008- 5728/145 Art.)
The provisions of Article 49 of the Code of Obligations and, if applicable,
Articles 134, 139 and 140 of the Turkish Criminal Code shall apply to those who
violate the provisions of the first paragraph.
(Amended fourth paragraph: 23/1/2008- 5728/145 Art.)
In cases where publication is permissible according to the provisions of the
first and second paragraphs, the provisions of Article 24 of the Turkish Civil
Code are reserved."
The regulation is included in this regulation. Within
the scope of this regulation, the use of photographs of Mustafa Kemal ATATÜRK
is open to everyone.
4. Use of
Photographs Generated by Artificial Intelligence
Due to the fact that artificial intelligence is not
attributed a personality in Turkish law, that authorship is required for the
creation of a work within the scope of LIAW, and that the author can only be a
real person, it is not possible to protect the creations created through
artificial intelligence as a work.
In addition, since the LIAW recognizes the real person
as the author in absolute terms, unless the law is amended, it will not be
possible for artificial intelligence to be the author even if artificial
intelligence is given a personality. This is because the existing legal
regulations prevent this. In this context, the pictures of Mustafa Kemal
ATATÜRK produced by artificial intelligence are not considered as works and are
open to the use of everyone.
Att. Gülden Mehmed
References:
1. Law No:
5846, Date of Adoption: 5/12/1951, Date and Number of Official Gazette:
3/12/1951, Issue: 7981
2. Ernest E.
Hirsch, Hukuki Bakımdan Fikri Say, İkinci Cilt, İktisadi Yürüyüş Matbaası ve
Neşriyat Yurdu, İstanbul 1943, p. 11.
3. Gerhard
Schricker/Ulrich Loewenheim, Urheberrecht, C.H. Beck, 2010, s. 56 (Naklen
Tekinalp, Fikri Mülkiyet Hukuku, 2005, p. 113).
4. Tekinalp,
Fikri Mülkiyet Hukuku, s. 108; Savaş Bozbel, Fikri Mülkiyet Hukuku, On İki Levha Yayıncılık, İstanbul 2015.
5. Robin R.
Murphy, Introduction to AI Robotics, MIT Press, 2019, p. 6-7.
6. https://singularityhub.com/2018/10/25/ai-wrote-a-road-trip-novel-is-it-a-good-read/
(E.T. 15.02.2023).
7. Please see:
https://sites.research.google/versebyverse/ (E.T. 15.02.2023).
8. https://www.nextrembrandt.com/ (E.T. 15.02.2023).
9. https://www.youtube.com/playlist?list=PLv7BOfa4CxsHAMHQj0ScPXSbgBlLglRPo
(E.T. 15.02.2023).
10. https://www.cumhuriyet.com.tr/turkiye/ataturkun-yapay-zeka-cizimi-gundem-oldu-1990074 (E.T. 15.02.2023).
