Analisis Hukum Penggunaan Komersial Karya Tulis yang Dihasilkan dengan Bantuan Artificial Intelligence Berdasarkan UU Hak Cipta Di Indonesia

Abstract

The development of AI has opened up new dimensions in various aspects of human life, including in creative fields such as the creation of writing and literary works. The written works produced by AI can then be utilized by users to make a writing in the form of a book or other literary works, which can be published and distributed through various platforms for economic purposes. This has led to confusion regarding legal arrangements in Indonesia which have not comprehensively regulated copyright. This research discusses the basic concepts and characteristics of AI in relation to its relevance to existing regulations in Indonesia, and its regulation in other countries. This research discusses the use of AI in producing written works as well as its use in a commercial perspective in Indonesian regulations. This research uses normative juridical legal research method through statute approach and conceptual approach by referring to primary, secondary, and tertiary legal materials with library research collection method to strengthen the research being conducted. AI in Indonesian law has not yet gained an equal position with humans and legal entities as legal subjects. The written works created with the help of AI can still get copyright protection, provided that AI is only considered as an auxiliary tool, not the main creator. AI-generated written works can get legal protection if they fulfill the elements of fixation, originality, and creativity. Thus, the commercial use of AI-generated written works is not an infringement as long as the resulting work has the distinctive and personal nature of the user to obtain legal protection.