Artificial Intelligence and the Use of Databases as Related Rights Objects

The development of digital technologies and creation of high-tech services constitute one of the directions of strategic development of Russia. Modern technologies are already capable of searching, systematizing and analyzing large data amounts within a short period of time. But the state sets additional tasks: to process and synthesize speech, to prepare analytical materials for making complex decisions, to perform tasks at the level of results achieved by a human being, to train and even automatically self-learn and eventually create a “strong” artificial intelligence. Adopted legal acts and legal acts under consideration define the main objectives, tasks and expected results to be achieved through the application of artificial intelligence technology in the immediate period. However, the application of artificial intelligence technology raises additional questions related to the creation of new technical solutions and works and the application of the protected results of intellectual activity, exclusive rights to which belong to third parties. The search for data for further analysis is carried out, inter alia, in databases that are objects of related rights, limited access to which is provided through information and telecommunications Internet network. In this regard, the lawfulness of such search and processing of information from protected databases requires clarification. The paper gives examples of judicial practice that show the difficulty of establishing and proving the fact of using materials from databases accessed through high-tech services. The paper also identifies the risks of violation of the rights and legitimate interests of third parties whose personal data are posted in databases that can be accessed via the Internet.

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