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Cited by 93Law, AI, and Intellectual PropertyIntellectual Property LawIntellectual Property Rights and Media

Copyright Protection for AI-Generated Works: Exploring Originality and Ownership in a Digital Landscape

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GAFFAR, Hafiz, ALBARASHDI, Saleh·2025·Asian Journal of International Law
DOI 10.1017/s2044251323000735
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Abstract

This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV, illuminates evolving originality and human involvement in AI creativity. The study also contemplates global perspectives, drawing from esteemed organizations such as the World Intellectual Property Organization and the European Court of Justice and exploring diverse approaches adopted by individual nations. The paper emphasizes the imperative need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the pivotal role of international collaboration and public awareness in shaping copyright policies for the AI-driven creativity era. It also offers insights and recommendations for policymakers and researchers navigating this complex terrain.

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  • The legal aspects of copyright related to the outputs of AI in Australia have yet to be updated to address the use of AI and are inadequately regulated.

    “The legal aspects of copyright related to the outputs of AI in Australia have yet to be updated to address the use of AI and are inadequately regulated (see Gaffar & Albarashdi, 2024;Samuelson, 2023).”

    From A university framework for the responsible use of generative AI in research (2026) · cites this paper as Gaffar & Albarashdi, 2024

    The section “The Dilemma of AI Authorship under Asian Law” says Australia lacks sufficient copyright protection for AI-created works because copyrightability requires human personality. The Conclusion likewise says Australian law protects only works created solely by humans. These passages support the claim of inadequate protection, but do not establish that Australian copyright law has yet to be updated to address AI. (LLM, conf=0.84)

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Authors
GAFFAR, H., & ALBARASHDI, S.
Affiliations
Sultan Qaboos University (OM)
Corresponding author
GAFFAR, Hafiz
Venue
Asian Journal of International Law
Publisher
Cambridge University Press (CUP)
Published
2024-01-23
Volume
15
Issue
1
Pages
23-46
ISSN
  • 2044-2513 (ISSN-L)
  • 2044-2521
DOI
10.1017/s2044251323000735
OpenAlex
W4391137989
Cited by
91
References
9
Citations by year
2026: 30 · 2025: 54 · 2024: 7
Type
paratext
Language
en
Open access
Licence
Locations
Asian Journal of International Law (publishedVersion, cc-by)
Topics
  • Physical Sciences › Computer Science › Artificial Intelligence › Law, AI, and Intellectual Property
  • Social Sciences › Law › Intellectual Property Law
  • Social Sciences › Political Science and International Relations › Intellectual Property Rights and Media
Keywords
AI-generated works, copyright protection, originality, authorship, intellectual property ownership, Berne Convention, EU Copyright Directive, international copyright harmonization, copyright policy

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