Rethinking Copyright: The Art of
Ownership in AI Outputs Cover Image

Rethinking Copyright: The Art of Ownership in AI Outputs
Rethinking Copyright: The Art of Ownership in AI Outputs

Author(s): Jakub Wyczik, Rafał Wieczerzak
Subject(s): Civil Law, Law on Economics, ICT Information and Communications Technologies
Published by: Temida 2
Keywords: artificial intelligence; copyright; work; output; authorship; ownership;

Summary/Abstract: The emergence of artificial intelligence (AI) as a creator ofmusic, literature and visual art has prompted a critical rethink ofcopyright. As AI-generated output increasingly mirrors humancreativity, the central legal question becomes: who, if anyone, ownsthe rights to these creations? This article explores the evolvingcopyright debate, focusing on the challenge of defining authorship inthe age of AI. It examines recent legal developments around theworld, including key cases such as Thaler, Zarya of the Dawn, and AIMachinations in the United States, as well as landmark decisions fromChina and Europe. The article examines whether AI-generatedcontent can be considered ‘original’ and qualify for copyrightprotection under existing legal frameworks. Through analysis ofglobal jurisprudence, it compares various national approaches to AIauthorship. Drawing on recent case law, the article proposes abalanced framework that both protects human authors andrecognises the growing influence of AI in the creative process. Theresearch aims to provide a way forward that encourages innovationwhile maintaining the clarity of copyright law in a rapidly evolvingtechnological landscape.

  • Issue Year: 8/2024
  • Issue No: 1
  • Page Range: 39-52
  • Page Count: 14
  • Language: English
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