Rethinking Copyright: The Art of Ownership in AI Outputs

Abstract

The emergence of artificial intelligence (AI) as a creator of music, literature and visual art has prompted a critical rethink of copyright. As AI-generated output increasingly mirrors human creativity, the central legal question becomes: who, if anyone, owns the rights to these creations? This article explores the evolving copyright debate, focusing on the challenge of defining authorship in the age of AI. It examines recent legal developments around the world, including key cases such as Thaler, Zarya of the Dawn, and AI Machinations in the United States, as well as landmark decisions from China and Europe. The article examines whether AI-generated content can be considered ‘original’ and qualify for copyright protection under existing legal frameworks. Through analysis of global jurisprudence, it compares various national approaches to AI authorship. Drawing on recent case law, the article proposes a balanced framework that both protects human authors and recognises the growing influence of AI in the creative process. The research aims to provide a way forward that encourages innovation while maintaining the clarity of copyright law in a rapidly evolving technological landscape.