Abstract

The advent of artificial intelligence (AI) in the creative realm has catalysed a profound transformation in artistic production, giving rise to AI-generated art. This phenomenon has captivated the art world while simultaneously provoking debates over authorship, ownership, and the applicability of existing intellectual property rights (IPR). This article explores the intricate nexus between AI art and IPR, examining how legal frameworks are grappling with the unique challenges posed by creations born of algorithms and machine learning. Central to this discourse are questions about rightful ownership of AI-generated artworks, the sufficiency of current legal definitions and protections, and the ethical dilemmas surrounding innovation and accountability. AI art encompasses various forms, including generative art, style transfer, interactive art, and augmented creativity, each presenting distinct challenges for IPR. The traditional concepts of copyright, patent, and trademark face unprecedented complexities in this context. For instance, copyright laws struggle to address the non-human agency in AI art creation, raising issues about who—programmer, user, or AI—should be considered the author. Patent law's requirements for human inventors and the demonstration of novelty encounter obstacles due to the dynamic nature of AI-generated outputs. Trademark law's application is equally fraught, given the distinctiveness and commercial use challenges posed by AI-generated visual elements. It will cover the legal and ethical implications, such as the role of human input in AI art, the determination of derivative works, and fair use. Human artists often provide critical guidance and contextualization, shaping AI outputs and infusing them with meaning. This collaborative interplay complicates the legal landscape, necessitating clear legislative measures to regulate AI-generated art effectively. Robust legislation is essential to define authorship, ownership, and fair attribution, ensuring that innovation flourishes while ethical standards and the rights of all stakeholders are upheld.

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