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Examining Copyright Protection of AI-Generated Art


Celine Melanie A. Dee


Keywords: Copyright Protection, AI-Generated Art, Creativity, Artificially-Generated Art, Algorithms, AI-generative systems, sui generis framework

Through time, the world has witnessed the evolution of art as painstakingly created by human authors, to art created by human authors with aid of computer technology, and more recently, to art created by artificial intelligence. Although art as an output remains unchanged, its very essence, as embodied in the process of creation, is altered. Advancements by generative artificial intelligence systems in the field of art (‘AI-Generated Art’) has disrupted the way in which art is created thus raising a myriad of questions on its creation, ownership, and protection. While AI-Generated Art has certain similarities with contemporary art thus meriting copyright protection, AI-Generated Art and its underlying system do not exactly fit within the traditional copyright framework. An absence of a protection framework will cause AI-Generated Art to immediately fall into the public domain, and its use may place it in a state of perpetual infringement. Failing to extend adequate protection to AI-Generated Art is a disservice to creativity and innovation and a blatant disregard of what is beautiful, appealing, or provocative as manifested in AI-Generated Art.

Celine Melanie A. Dee, Attorney, Philippines; Lawyer, Legaspi Rosales Law Office. For correspondence: <>


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