ABSTRACT
The rapid rise of artificial intelligence (AI) in creative fields challenges traditional copyright doctrines built upon human authorship. Under section 9(3) of the UK Copyrights, Designs and Patents Act 1988, ‘computer-generated works’ may be protected but authorship is attributed to the person ‘by whom the arrangements necessary for the creation of the work are undertaken’, leaving significant uncertainty over originality, ownership, and moral rights. This article proceeds in three parts. First, it critically examines whether UK law’s originality and authorship requirements can accommodate works produced autonomously by AI, illustrating key doctrinal gaps. Second, it proposes two interlocking reforms: (a) granting AI systems a form of electronic legal personality to hold copyright in their own name and (b) introducing a sui generis ‘AI-copyright’ with limited scope and duration to incentivize innovation without undermining human creativity. Third, it addresses likely objections such as liability-shielding and corporate overreach by analogizing to established company-law safeguards. Ultimately, the piece argues that these normative reforms will secure legal certainty, promote fairness, and align the UK’s IP framework with the realities of the Fourth Industrial Revolution.
Aslam, Hamza, Computer Generated Works and the Authorship Dilemma: Does Granting Artificial Intelligence with Legal Personality in the Fourth Industrial Age Optimize the UK Copyright Law? (March 23, 2024), City Law Review, volume VI pp 135-152 (2024).
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