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Arts & Communication Copyright protection for AI-generated works

near future. This raises a critical question: who will own 1.2. Significance of copyright protection for
these works, or, more specifically, who will own the AI-generated works
boundless potential they represent? This question is of AI-powered devices are already capable of producing
immense importance, as the owner of these works will original creative independently. In other words, human
be entitled to substantial economic benefits stemming beings no longer have a monopoly on creative activities
from the economic rights associated with AI-generated that result in the creation of new and original works. As
creations. the use of AI by artists becomes more widespread and as
However, copyright protection for AI-generated works machines continue to improve in their ability to produce
faces several challenges: (i) patent protection offers stronger creative works, the line between artwork created by
safeguards than copyright protection; (ii) AI’s legal status humans and that created by computers is increasingly
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remains unrecognized; (iii) the originality of AI-generated blurred. Consequently, this raises the question of whether
works is often unproven; and (iv) recognizing authorship current copyright law is prepared to address a new reality
remains a complex issue. in which creative works are produced not just by humans
but also by intelligent machines.
1.1. Concept of copyright protection for The law must not overlook AI’s creative potential. A clear
AI-generated works and unambiguous legal framework is necessary to address

Copyright protection, as understood in many countries, AI-generated works in a way that stimulates innovation
refers to the protection of the expression of original literary, in the field of AI and its creative application. Given these
dramatic, musical, or artistic works, granting creators considerations, it is vital to investigate all potential avenues
control over the exploitation, reproduction, adaptation, for copyright protection for AI-generated works.
and publication of these works.
1.3. Controversies regarding copyright protection
According to the English Oxford Living Dictionary, AI for AI-generated works
is “the theory and development of computer systems able
to perform tasks normally requiring human intelligence, Several scholars have expressed their dissatisfaction
with including AI-generated works within the copyright
such as visual perception, speech recognition, decision- framework. Their primary criticism is that non-human
making, and translation between languages.” In authorship should not be recognized in the context of
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addition, some scholars offer their own definitions of AI, copyright, and specifically, that the Berne Convention
such as “the automation of activities in accordance with (BC) does not, and should not, accommodate this notion.
human thinking” or “the field of science studying how
computers can do things that humans can still do better Ricketson rejected “copyright objectives based on a
than computers.” In general, AI is a field of science commercial value rather than the protection of the fruits
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that involves a collection of technological algorithms of human authorship.” He argued that such an approach
designed to simulate the way humans use their bodies would strip copyright of its essence, given the humanist
and nervous systems to feel, learn, reason, and act. The nature of the BC and the notion of human authorship
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goal is to reach a level where machines can independently it embodies . According to Ricketson, there are several
and accurately solve problems. AI-generated works can compelling reasons in favor of human authorship. First,
be understood as the finished products of this process of he asserted that authorship recognition is a fundamental
simulation. human right for the creator of a work. The idea of reserving
authorship for humans not only affirms core human
From the above definitions, a general definition of values but also serves as a “welcome reminder of human
copyright protection for AI-generated works can be individuality and uniqueness.” In his view, the solution
outlined. Copyright protection for AI-generated works is to exclude computer-generated works, including
refers to the protection of rights typically reserved for AI-generated works, from the BC, instead granting them
authors, who are owners of works created by “computer a tailored legal regime that offers a manageable level of
systems able to perform tasks normally requiring human authorship protection within the framework of the BC.
intelligence,” otherwise known as AI. Samuelson similarly argued that programs should not be
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Thus, based on the definition provided, the concept rewarded for producing output and that the purpose of the
of copyright protection for AI-generated works revolves 1 Ginsburg . The latter concept advocates for the expulsion of
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around two main issues: (i) identifying the author of the human authorship, and, given the humanist nature of the
works created by AI, and (ii) recognizing that AI-generated Berne’s Convention, such a move would strip copyright of
works are eligible for copyright protection. its “soul.”

Volume 3 Issue 2 (2025) 2 doi: 10.36922/ac.3745