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The Uncertain Boundaries of Authors' Rights in AI Authorship
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Journal Article
The Uncertain Boundaries of Authors' Rights in AI Authorship
2024
Overview
The recent surge in public engagement with ChatGPT and its competitors has prompted governments and international agencies to urgently reassess the adequacy of existing intellectual property legislation. Objective: This study aims to address whether current legal frameworks are sufficient and, if not, how they might be developed to accommodate the complexities introduced by artificial intelligence. Specifically, this research explores two central questions: first, whether creative and factual works generated by AI can be protected under authorship rights or copyright, and if so, to whom these rights should be attributed. The prevailing global consensus dictates that authorship must reside with a human, who can bear legal responsibility, thereby acknowledging protection for AI-assisted works but not for those entirely generated by AI. Second, the study examines the legislative strategies of the UK and China, both of which are striving to position themselves as leaders in AI innovation. China has adopted a utilitarian legislative approach, expanding the scope of protectable AI-assisted works, while the UK is contemplating the transfer of ownership to legal entities, potentially recognizing AIcreated works as eligible for copyright protection. Methodology: Through a comparative analytical approach, this study. Results: that while global norms currently mandate human authorship, both the UK and China are exploring legislative adaptations that could extend intellectual property protections to AI-generated content. Conclusion; The research concludes that as AI continues to advance, substantial legal reforms may be necessary to align intellectual property law with the evolving landscape of AI-driven creativity.
Publisher
جامعة الكويت - مجلس النشر العلمي
Subject
