Between Access Rights and Copyright: The European Accessibility Act as a Regulatory Framework for AI-Generated Content
Giovanni Vindigni
Diploma Hochschule Middlesex University London
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摘要与影响
Background: The European Accessibility Act of 2019 was recently passed by the European Parliament to ensure improved access to products and services by disabled and functionally limited individuals. Achieving this goal would require the help of AI-generated works at different levels to provide software and other digital product designs accessible to all without discrimination. However, AI-generated content raises significant copyright issues regarding their ownership and the possibility of copyright infringement. This paper explores the impact of EAA on AI-generated works and copyright. Building on the above context, a hermeneutic circular reasoning approach, combined with feedback on relevance, deductively incorporates determinants, indicators, and premises. These considerations necessitate an in-depth integration of aspects derived from DIN EN ISO 9241-11, 9241-110, and 9241-210. Such standards provide essential methodological foundations for usability, dialogue system principles, and human-centred design processes, ensuring that the broader framework aligns accessibility goals with the technical and ethical requirements of AI-generated content within the legislative context. Methods: A systematic review was adopted. A literature search was conducted in JSTOR, Scopus, LexisNexis, Westlaw International, SpringerLink, IEEE Xplore, PubMed, SSRN, ProQuest, HeinOnline, Emerald Insight, Taylor & Francis Online, Wiley Online Library, and DOAJ, resulting in 84 journal articles and primary sources of law such as the EAA legislation and related case law. The findings were extracted, analysed, and synthesised into findings tailored to this study’s aim and objectives. Results: The study has established that the use of AI is highly likely to increase due to the enactment of the EAA. However, the increased advancement of AI and its use raise questions on the unsolved copyright issues regarding computer-generated products. As such, there may be an increase in the number of copyright issues linked to AI-created works. In this regard, the application of standards such as DIN EN ISO 9241-11, 9241-110, and 9241-210 is crucial. However, these standards provide essential guidelines for usability, human-centred design, and dialogue principles, which can help ensure that AI-generated products not only meet accessibility requirements but also align with legal and ethical considerations, including the challenges of copyright compliance. Conclusion and Recommendations: The existing copyright law does not effectively protect AI-generated works or prevent the technology from infringing on the copyright of other authors. Therefore, the study suggests that the existing copyright law should be amended and improved to suit the prevailing digital environment. It can be relevantly concluded that the incorporation of standards such as DIN EN ISO 9241-11, 9241-110, and 9241-210 into the development and regulation of AI-generated works could help address usability and accessibility concerns while aligning these technologies with ethical and legal requirements. Against this backdrop, these standards provide a framework for designing AI systems that are human-centred, accessible, and compliant with broader societal expectations, thereby supporting a holistic approach to revising copyright law in the context of AI.
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计算机 / AILaw, AI, and Intellectual Property
Digitalization, Law, and Regulation · Intellectual Property Law
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