Or objects of related rights

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Permission or prohibition of the reproduction of a work is the exclusive right of the copyright holder (clause 9, part 1, article 12 of the Copyright Act). Therefore, the creation of a derivative work requires permission for reproduction from the copyright holder of the original work.

However, the modification of an original work without the permission of the copyright holder creates not only legal consequences associated with copyright infringement, but also such unlawful modification will lead to the creation of a derivative work, and, accordingly, to the emergence of copyright in the derivative work as a result of the fact of its creation.

However, in the case of the creation of a derivative work without the permission of the copyright special database holder of the original work, the legislator restricts the author of the derivative work from exercising copyright on the derivative work he created.

The author's right to transform a work into a non-original object (sui generis) is not directly mentioned in the UAAiSP. However, Part 7 of Article 33 of the UAAiSP contains a norm that provides for the consequences of violating the right to use works ( in the process of generating an AI object, therefore, this norm implies that copyright holders and subjects of related rights have the right to allow the use of works (objects of related rights) in the process of generating an AI object .

Therefore, if in the process of generating an AI non-original object a work is used without the permission of the right holder, the subject of sui generis rights will be limited in the use of the right to the generated object. If in the process of generating an AI work another work is used without the permission of the right holder, the author of the AI-created work will be limited in the exercise of copyright in the created work.