ARTIFICIAL INTELLIGENCE AND COPYRIGHT: EVALUATING THE STATUS AND AUTHORSHIP OF AI-GENERATED WORK UNDER TURKISH COPYRIGHT LAW
ARTIFICIAL INTELLIGENCE AND COPYRIGHT: EVALUATING THE STATUS AND AUTHORSHIP OF AI-GENERATED WORK UNDER TURKISH COPYRIGHT LAW

Summary/Abstract: Copyright law, as well as broader cultural understanding, has long associated works of art with the intellectual and imaginative contribution of natural persons. In the 21st century, however, the emergence of Artificial Intelligence (AI) systems capable of producing literary, artistic and musical outputs challenges this assumption and introduces the notion of “artificial creativity.” This development raises fundamental questions: How will AI reshape artistic production and the role of human creators? Should originality/creativity (Tr. hususiyet) be redefined where it is no longer possible to distinguish whether a work originates from a human or a machine? And most importantly, if AI systems are able to generate intellectual products that might qualify for protection, how should copyright law respond? This study addresses two core issues. First, it examines whether AI-generated outputs meet the requirements of a “work” under the Turkish Act on Intellectual and Artistic Works. Second, it considers how authorship should be determined in such cases: whether it should rest with the user, the developer, the employer of the AI system, with the AI itself, or whether such works should be regarded as part of the public domain. By exploring these questions, the article seeks to clarify the current legal framework applicable to AI-generated creations under Turkish law, highlight the existing gaps and propose recommendations for future regulatory approaches.

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