Creations of Generative Artificial Intelligence "Who Owns the Intellectual Property?"

Abstract

  Due to the rapid developments in the field of artificial intelligence in general, and generative artificial intelligence in particular, which has begun to compete with and even surpass human capabilities in certain tasks, it has become essential to review the intellectual property rights of the content produced by these tools due to their ability to learn and develop without a direct human interference, and because they are able to adapt and acquire experiences through time based on the size of information and input data. 

  The researcher in this study attempts to answer whether generative artificial intelligence can be granted independent legal personality with rights and obligations, like other legal entities, thereby generative artificial intelligence would get intellectual property rights over its creations.  

In the first section, the researcher addresses the definition of generative artificial intelligence and its forms, where it is considered as one of the technologies that establish a new and creative content such as texts, pictures, music, ...etc based on the input data and which the system identified.  Secondly, the researcher discusses the issue of recognizing the independent legal personality of generative artificial intelligence in the second section, where the legal systems recognize the legal personality of entities like companies, they still face difficulties in acknowledging generative AI tools as independent legal entities. Thirdly, the researcher examines the legal challenges of granting intellectual property rights to generative AI, and the issues surrounding granting these rights, and proposed solutions.  

The researcher recommends recognizing generative artificial intelligence as a limited independent legal entity, enabling it to acquire and hold intellectual property rights for its creations, without conflicting with public order and morals, while holding the developer or operator accountable in the event of violations. This entails the importance of amending laws to define authorship and invention to also include generative artificial intelligence under specific conditions. The researcher believes that this recognition- with the complete legal personality - is inevitable with the rapid advancements occurring globally. With the induction of the current 

Legal systems and analyzing their contexts,  there will be no legal framework that grants the generative AI  an independent  considerate personality at any country now.