To what extent is contemporary copyright law prepared to regulate and respond to handle AI generated content ?

Abstract

In the current technological age, intellectual property law faces an increasingly difficult task in terms of adapting to rapidly evolving technology. This new reality has triggered a profound legal debate and necessitated legislative modifications to accommodate the changes brought about by technology. The growing popularity of AI in recent decades has also shed light on the fact that human beings are not the sole source of creativity. AI has demonstrated its ability to generate original and innovative ideas, challenging the traditional notion of human exclusivity in this domain. Over the years, AI has resulted in the creation of works that are generated without human authorship. This occurrence raised concerns within the Copyright Registry regarding the ambiguous status of works produced with the assistance of computers1 .Hence, this research undertakes a rigorous examination of diverse contextual scenarios and furnishes a comprehensive evaluation of the complexities inherent in conferring copyright entitlement to works engendered by artificial intelligence (AI) within the parameters delineated by extant copyright criteria tailored for human-originated creativity. Additionally, the study furnishes cogent insights into the domain of algorithmic creativity. To this end, it systematically scrutinizes pertinent treaties, doctrinal tenets, codified copyright statutes, and judicial precedents that delineate the contours of authorship within the purview of the European Union (EU), the United States (US) and the UK. This analysis serves to uncover the existing regulatory interstices and inadequacies.It concludes that creativity is a trait not exclusive to humans. Algorithmic creativity, as harnessed by artificial intelligence (AI) to generate novel creations, embodies a societal shift that necessitates legal accommodations for safeguarding legal integrity. Moreover, the constituent components integral to legislation governing protected works can be suitably modified to encompass autonomic productions engendered by AI. Nevertheless, it is essential to note that the principal objective of copyright protection, which centers on fostering inventive endeavors by human authors, constitutes a pivotal facet surpassing the confines of technical and ontological dimensions of creativity. Given that AI's creative impetus lacks the incentive for innovation through acknowledgment and considering programmers as the primary architects of the software and, by extension, the indirect architects of the resultant output, a judicious resolution entails acknowledgement and endorsement of the exerted effort