Source: IAL – Institute of Art and Law

Institute of Art and Law – This article delves into the pressing legal questions surrounding artificial intelligence and intellectual property rights, with a focus on the United States and comparative international perspectives. It examines how different legal systems are addressing the issue of authorship and ownership when creative works are generated by AI rather than humans.

In the US, recent court rulings have affirmed that copyright protection requires a human author, thereby excluding fully autonomous AI-generated content from protection. The article references notable cases such as Thaler v. Perlmutter, which reinforce this human authorship principle. It also highlights the legal uncertainty regarding collaborative works involving AI and human input, which may still fall within IP protections depending on the degree of human involvement.

Beyond the US, the article explores the varied responses from jurisdictions like the UK, EU, and Australia. Some systems allow for a limited form of protection for computer-generated works, though definitions and enforceability differ widely. The author argues for a reassessment of current IP frameworks to accommodate technological advancements, warning that failure to do so may inhibit innovation and undermine creators’ rights globally.