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

Abstract

The use of Artificial Intelligence technology in different areas of human life has caused severalimportant legal challenges, which indicate an unprecedented development. Generative ArtificialIntelligence, which appears to be a creative form of this technology, is important from a literaryand artistic law perspective, since generating high-quality literary and artistic works is amongthe tasks it can perform. Such productions are similar to those created by human authors, andin some cases it is difficult to recognize that they were generated by Artificial Intelligence.Therefore, this paper addresses one of the most important challenges in intellectual property law:whether Generative Artificial Intelligence can be considered the author of the literary, artistic,and scientific works it generates. The results of this descriptive-analytical article show that,in the legal systems compared, the concept of author is currently restricted to human authors;consequently, it is not possible to consider Generative Artificial Intelligence as the author ofliterary and artistic works. Legislators are recommended to modify the laws to identify the authorof literary and artistic works created using Generative Artificial Intelligence while meeting theneeds of developers and users of this technology.

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