The Possibility of Considering Generative Artificial Intelligence as Author of Literary and Artistic Works

Document Type : Original Article

Author

Associate Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran

10.22091/ijicl.2026.15570.1243

Abstract

Abstract: The use of Artificial Intelligence technology in different areas of human life has caused several important legal challenges which indicate an unprecedented development. Generative Artificial Intelligence, appearing to be a creative type of this technology, is important from a literary and artistic law perspective since generating high-quality literary and artistic works is among the tasks accomplished by Generative Artificial Intelligence. Such productions are similar to those created by human authors and in some cases, it is difficult to understand that they are generated by Artificial Intelligence. Therefore, this paper deals with one of the most important challenges faced by intellectual property law that is characterized by a main question: is it possible to consider Generative Artificial Intelligence as the author of literary, artistic, and scientific works it generates? The results of this descriptive-analytical article show that currently, in the legal systems compared, the concept of author is restricted to human authors; consequently, it is not possible to consider Generative Artificial Intelligence as author of literary and artistic works. The legislators are recommended to modify the laws in such a way to identify the author of literary and artistic works made using Generative Artificial Intelligence while  meeting the demands of developers and users of this technology. 

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 04 May 2026

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