PRAVNA ZAŠTITA INFORMACIONOG SISTEMA U ERI DIGITALIZACIJE KAO PRETEČA RAZVOJA VJEŠTAČKE INTELIGENCIJE

Abstract

Using historical and comparative legal methods, the author in this paper analyzes the information system as a product of the development of information technologies, through the protection of computer programs and databases by copyright, as well as the rights of database producers. The paper analyzes the legal protection of computer programs under copyright law in Serbia with a comparative presentation of Bosnia and Herzegovina and Croatia, the differences between the legal concept of a computer program and the technical concept of software, computer programs created in an employment relationship or by order through a comparative overview, the rights of authors of computer programs, substantive limitations of copyright on computer programs in the context of the development of information systems and artificial intelligence, as well as the legal protection of databases as copyrighted works and as a special sui generis related right of the database producer, with a particular focus on training artificial intelligence. Furthermore, it addresses measures for ensuring the protection of the rights of computer programs and databases, and finally, the legal protection of information systems as a precursor to the development of sophisticated artificial intelligence systems. Finally, at the end of the paper there is a conclusion in which the analysis of the positive legislation from the above issues (de lege lata) and proposals for introducing new terms such as "information system", as well as amendments and supplements to existing legal solutions in the field of copyright and related law (de lege ferenda). The significance of this work is that it has thoroughly analyzed the issue of protecting one or more computer programs that together constitute software that, by managing electronic databases, together constitute information systems that represent the foundation of the legal protection of artificial intelligence from the perspective of intellectual property rights. Also, the paper presents a hypothesis for creating a new legal term "information system" that should, through the prism of intellectual property rights, describe the complexity of a single product on which there are a number of copyrights on different products and where there is a special sui generis right of the database producer, which represents the forerunner of artificial intelligence.