59 According to the law, in most cases the first owner of the copyrighted work is the creator of the work (an exception to this for example can be seen in a situation where the work was created by an employee, and then the employer is the first owner). Therefore, with works that have been created with direct guidance or assistance from humans, the ownership depends on the degree of contribution and creativity of the human, the terms of use of the platform and the factual and contractual framework in which it was created (for example, in the case of a commissioned work). In the case of works created by autonomous artificial intelligence, here too, as of today, in most countries these works remain “orphaned”, that is, ownerless, and are not subject to copyright protection, that is, they are free for use (unless noted otherwise in the terms of use of the platform through which the works were created). In other words, in answering the question of whether AI products can be considered as copyrighted works, we must distinguish between two situations: The first is a situation in which the work was created by autonomous artificial intelligence - in such a case, the only human inputs are the initial algorithms and system “rules” that were created and determined from the outset by humans. Beyond this, in this case there is no direct influence of the human creator on the final product created by the artificial intelligence, and as of today, in most countries there is a requirement of human involvement to make the work entitled to copyright protection. For example, in the United States, no protection is provided for works that were created automatically and exclusively by artificial intelligence. Moreover, the US Copyright Office recently issued a new requirement according to which there is an obligation to declare involvement of artificial intelligence in the creation process. In comparison to another field of intellectual property, the field of patents, the Israeli Patent Office has already determined that the term “inventor” is limited to humans only. From all this, it is understood that works that have been created by autonomous artificial intelligence will not be recognized as protected in most countries around the world. Currently, there are some proposals to grant different or lesser protection to works of this type, but a court ruling from the District of Columbia, USA, issued a few months ago, explicitly determined that “a human creation is a fundamental requirement for copyright” and that “copyright is granted exclusively to humans.” In doing so, the court rejected the appeal by Dr. Stephen Thaler, owner of an autonomous artificial intelligence system and
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