United Kingdom Copyright Subsistence Rules and AI- Generated Works: A Critical Analysis

Abstract

This thesis critically examines the current copyright subsistence rules in the United Kingdom and their applicability to AI-generated works. With the advancements in artificial intelligence (AI) technology, AI systems are now capable of producing creative outputs such as art, music, and literature, raising significant legal questions about copyright protection. Traditionally, copyright law is designed to protect human creativity, with authorship and originality as key components. However, AI challenges these principles, as its outputs often lack direct human involvement. Through an analysis of UK copyright law and relevant EU legal frameworks, this thesis explores whether the existing copyright rules should be adapted to protect AI-generated works or if alternative legal mechanisms, such as sui generis rights, are more appropriate. The thesis draws on theoretical justifications for copyright, stakeholder perspectives, and case studies, ultimately concluding that copyright law should not be extended to AI-generated works, as doing so would undermine fundamental legal, ethical, and practical principles. The thesis suggests that a sui generis regime tailored to AI-generated works may provide a more suitable solution for addressing the unique challenges posed by AI creativity.