The legal protection of artificial intelligence-generated work: The argument for sui generis over copyright

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Abstract

Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. As with other elements of society, the modern economy has become more reliant on AI, indicating the potentially great influence it has on innovation. Many previous studies on the status of AI-generated work have focused on its connection to intellectual property (IP) law, mainly under copyright and regulations, and whether this type of work could be protected within the legal framework of copyright. Therefore, an all-inclusive assessment of the fitness of the existing copyright law framework is necessary. While recent discussions have mostly considered AI-generated works. In this paper, we examine AI within the context of the international legal framework of IP rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), and national legislation. We conclude that current copyright law is unsuitable for the protection of AI-generated works and that sui generis is a better option. However, the future legislative path should be specialized legislation addressing not only AI-generated works but also the prohibited acts that might create certain risks for industries. The research adopted a comparative analytical in-depth examination of the international legal framework of intellectual property law.

Keywords: Artificial Intelligence-Generated Work, Intellectual Property, Copyright, Sui Generis, TRIPS, National Legislations

Authors’ individual contribution: Conceptualization — F.M. and F.A.; Methodology — F.A. and A.A.M.M.; Writing — Original Draft — F.M. and F.A.; Writing — Review & Editing — F.M., A.A.M.M., and F.A.; Project Administration — F.M., A.A.M.M., F.A., and M.I.; Supervision — A.A.M.M. and M.I.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K15, K19, K21, K24, K30, K40

Received: 02.08.2023
Accepted: 05.02.2024
Published online: 09.02.2024

How to cite this paper: Massadeh, F., Alnusair, F., Massadeh, A. A. M., & Ismail, M. (2024). The legal protection of artificial intelligence-generated work: The argument for sui generis over copyright. Corporate Law & Governance Review, 6(1), 49–56. https://doi.org/10.22495/clgrv6i1p5