The Future of Education

Edition 15

Accepted Abstracts

Legal and Ethical Challenges from Copyright Perspective of Implementing Artificial Intelligence in Education

Martin Zahariev, University of Library Studies and Information Technologies (Bulgaria)

Abstract

In the information society of today, all sectors are exploring the possibilities to implement technological innovations to improve their processes. The education is no exception. The present paper aims to analyze from copyright perspective the legal and ethical challenges when implementing artificial intelligence (AI) – one of the most trending technologies – in the education. Among the problems that shall be explored in the analysis are (i) whether any authorship could arise over content generated by AI in the light of the modern European copyright laws, considering the fact that most of the legal systems require as a prerequisite for copyright protection the presence of originality, understood as a creative activity result of free and creative choices of the author to produce a work that reflects their personality1 which is inherent to humans only; (ii) whether it is possible to name AI as co-author or quote it as a scientific source; (iii) how certain anti-plagiarism systems applied in Bulgaria detect also potential texts generated by AI2; (iv) what guidance has the Bulgarian Ministry of Education issued for issuance of AI in the educational system3; (v) under what circumstances can research organizations and cultural heritage institutions rely on the text and data mining exception4 under the EUCD Directive5 (Article 3) – to train AI for the purposes of scientific research, as text and data mining is an important tool for the development of AI applications6. Although focusing on part of the said issues from Bulgarian perspective, the paper can have practical implications and serve as a basis for future research in all EU countries, as some of the problems are based on a common EU legal framework.

 

Keywords

AI, education, law, ethics, challenges

 

References

[1] Pila, J. Authorial works protectable by copyright. In: Routledge Handbook of EU Copyright Law, edited by Eleonora Rosati, Abingdon and New York, Routledge, 2021, p. 77.

[2] StrikePlagiarism, URL: <https://strikeplagiarism.com/en/> (06.03.2024);

[3] Guidance for Usage of Artificial Intelligence in the Educational System, URL: <https://www.mon.bg/nfs/2024/02/nasoki-izpolzvane-ii_190224.pdf> (06.03.2024);

[4] Rosati, E., Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790, Oxford University Press, 2021, p. 29-59.

[5] Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, OJ L 130 of 17.5.2019;

[6] Strowel, A., Ducato, R. Artificial intelligence and text and data mining. In: Routledge Handbook of EU Copyright Law, edited by Eleonora Rosati, Abingdon and New York, Routledge, 2021, p. 300.

 

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