ARTIFICIAL INTELLIGENCE AS AUTHORS: AN EXAMINATION OF THE COPYRIGHT ABILITY OF ARTIFICIAL INTELLIGENCE GENERATED WORKS

Recently, there have been significant advancements in Artificial Intelligence (AI) technology. In this era of intelligent machines, the
possibility for a machine to create intellectual work is no longer a mere imagination but a reality. It must be noted that until the advent of AI, intellectual creation and inventiveness were purely human activities, and their protection systems, that is, copyright law and patent law, were built on the basis of motivating and enhancing human creativity. However, the proliferation of AI capable of generating creative contents autonomously has challenged the traditional notion of intellectual property law, especially the
determination of authorship and ownership of copyright content. In utilising the doctrinal research method, this article addresses the fundamental intersection of autonomous generative AI systems and copyright law. The article finds that the current copyright law only recognised human as author and therefore it will be difficult to treat AI as authors of their generated content under the current law. The article concludes by recommending that it is important to rethink the fundamental human-centric concepts of extant intellectual property laws and therefore suggest the enactment of a sui generis law on AI.

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