LEGAL REGULATION OF CREATIVE LABOR IN THE ERA OF ARTIFICIAL INTELLIGENCE THROUGH THE PRISM OF THE TRANSFORMATION OF THE DECENT WORK CONCEPT

Abstract

The article provides a scientific analysis of the legal regulation of creative labor in the era of rapid development of artificial intelligence (AI) through the prism of the transformation of the fundamental concept of "decent work." The study explores the impact of modern technological tools on the shifting architecture of socio-labor relations within creative industries. It is substantiated that the integration of algorithmic systems into creative processes triggers a profound crisis in the anthropocentric model of copyright and labor guarantees, creating risks of economic devaluation of human labor and psychological alienation of workers due to the erosion of the "relational psychological contract".   The authors emphasize the necessity of rethinking international standards of the ILO and the UN, specifically the ILO Centenary Declaration for the Future of Work, to adapt their principles to the conditions of algorithmic competition. Special attention is paid to the analysis of foreign experience and case law, including the experience of the Writers Guild of America (WGA) regarding collective bargaining restrictions on AI use, as well as the provisions of the EU Artificial Intelligence Act (EU AI Act) and European Parliament resolutions of 2026.

The article examines in detail the state of the national regulatory framework, particularly the Law of Ukraine "On Copyright and Related Rights" and the Civil Code of Ukraine, in the context of recognizing the subjectivity of the creator. It is concluded that without systemic state intervention and the implementation of algorithm transparency mechanisms, technological transformation will inevitably lead to increased precarious employment and a loss of cultural diversity. The authors propose an original approach to improving Ukrainian legislation, which includes the introduction of mandatory labeling for AI-generated content, the creation of training data registries, the development of professional retraining and upskilling programs for creative workers, and the expansion of labor law guarantees in collective agreements. It is proven that only a combination of copyright, labor, and institutional tools will allow transforming AI from a tool for replacing human potential into a tool for its augmentation, ensuring the realization of the right to decent work in the age of algorithms.

Keywords: creative labor; creative workers; employee; labor law; decent work; anthropocentrism; artificial intelligence (AI); international standards; European standards; labor law guarantees; ILO; legal regulation; collective agreement; digital transformation of work