Copyright challenges concerning the development of mind uploading

AutorKamil Szpyt
Páginas575-582
— 575 —
coPyriGht challenGes concerninG the
develoPment oF mind UPloadinG1
ka M i l sz P y t 2
Abstract: The aim of the conducted research is to signal the numerous problems that the development
of mind uploading technology raises in terms of copyright law. The mentioned technology consists in
scanning the human mind and transferring it to a synthetic medium on which it can continue to function.
The research analysed the scientific content of studies on mind uploading and attempted to analyse
them from a legal point of view. In the absence of provisions dedicated exclusively to mind uploading, it
has become necessary to base certain theses on the planned and current regulations on artificial intelligence
and basic copyright institutions.
The article leaves many threads open, without giving clear answers, hoping to initiate further
discussion. The questions to be answered first and foremost are whether the work of a digitised person
should be protected by copyright and whether the digitised person is a separate creator or an “extension” of
the creative activity of the natural person;
Apart from the above issues, it is also reasonable to consider the construction of the expiration of
economic copyrights in the context of the possibility of creating immortal (digital) artists. One solution would
be to count the said period from the date of distribution of the work or its establishment. Otherwise, if the
immortality of digitised people is submitted, it may turn out that few works will go into the public domain.
Key words: mind uploading; copyright; digitised person
INTRODUCTION
When this paper is coming into existence, the entire world is facing an unfolding SARS-
CoV-2 virus pandemic. Although it is not the only case of such a phenomenon in modern
1 The research was financed from the funds earmarked for the statutory activities of the Faculty No.
WPAiSM/DS/17/2019.
2 PhD; Assistant Professor, Private Law Institute, Faculty of Law, Administration and International
Relations,
Andrzej Frycz Modrzewski Krakow University. E-mail: kszpyt@afm.edu.pl.

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