The legal nature of authorship of artificial intelligence outputs in the context of international intellectual property law
In this scientific research, the authors examined the legal nature of authorship of works created using the latest artificial intelligence technologies within the context of contemporary international intellectual property law. Attention is drawn to the fact that the rapid development of generative systems has led to a fundamental transformation in notions of creativity, originality, and agency, challenging the traditional anthropocentric concept of authorship that relies on the exclusive role of humans as authors. The judicial practices of key legal systems are analyzed, determining the criteria for the legal protection of results produced with the use of artificial intelligence. A significant focus is placed on a comparative legal analysis of the fundamental models regulating artificial intelligence systems: American, European, and Chinese. Specifically, the United States adopts a pragmatic regulatory approach that aims to combine innovation with ethical standards. The European Union emphasizes the concept of technological responsibility and transparency of algorithms. Meanwhile, China establishes a model of state control, where algorithmic creativity is subordinated to public interests. The study also considers the domestic experience in regulating artificial intelligence technologies. The systematic analysis reveals that despite some differences, all approaches agree that only humans can be bearers of creative intent. The necessity of developing unified international legal mechanisms for attribution and responsibility in the field of content creation involving artificial intelligence is substantiated. Proposals include the creation of universal protocols for attributing human contribution and verifying it, as well as implementing the principle of functionally distributed responsibility among the author, developer, and system operator. This approach is believed to ensure the preservation of the ethical foundations of copyright, its adaptation to digital innovations, and a balance between technological progress, human rights, and social values.
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The legal nature of authorship of artificial intelligence outputs in the context of international intellectual property law
Semantic Scholar · 2025
Abstract
In this scientific research, the authors examined the legal nature of authorship of works created using the latest artificial intelligence technologies within the context of contemporary international intellectual property law. Attention is drawn to the fact that the rapid development of generative systems has led to a fundamental transformation in notions of creativity, originality, and agency, challenging the traditional anthropocentric concept of authorship that relies on the exclusive role of humans as authors. The judicial practices of key legal systems are analyzed, determining the criteria for the legal protection of results produced with the use of artificial intelligence. A significant focus is placed on a comparative legal analysis of the fundamental models regulating artificial intelligence systems: American, European, and Chinese. Specifically, the United States adopts a pragmatic regulatory approach that aims to combine innovation with ethical standards. The European Union emphasizes the concept of technological responsibility and transparency of algorithms. Meanwhile, China establishes a model of state control, where algorithmic creativity is subordinated to public interests. The study also considers the domestic experience in regulating artificial intelligence technologies. The systematic analysis reveals that despite some differences, all approaches agree that only humans can be bearers of creative intent. The necessity of developing unified international legal mechanisms for attribution and responsibility in the field of content creation involving artificial intelligence is substantiated. Proposals include the creation of universal protocols for attributing human contribution and verifying it, as well as implementing the principle of functionally distributed responsibility among the author, developer, and system operator. This approach is believed to ensure the preservation of the ethical foundations of copyright, its adaptation to digital innovations, and a balance between technological progress, human rights, and social values.