MANAGEMENT OF INTELLECTUAL PROPERTY IN AI-GENERATED ARTWORKS
DOI:
https://doi.org/10.29121/shodhkosh.v6.i2s.2025.6742Keywords:
AI-Generated Art, Intellectual Property Rights, Authorship, Copyright Law, Blockchain ProvenanceAbstract [English]
With the fast development of artificial intelligence, the creative industries were changing, as machines can produce highly developed works of art that question the conventional concept of creativity, authorship, and property rights. With the rising popularity of AI-generated art, the intellectual property (IP) law and policy concerning AI-generated art have become a pressing legal and policy concern. This paper explores the intellectual basis of AI-created pieces of art, emphasizing the role of human elements and machine-directed algorithms leading to the overall artistic work. It then makes an assessment of the existing intellectual property rights systems such as copyright, patents, trademarks and moral rights to see how they apply to AI-assisted and fully autonomous works. The legal issues in the center are examined, and specific focus is made on the questions of authorship attribution, allocating ownership and copyright deserving, and liability of developers, users and AI systems in cases of infringement. Comparative analysis of approaches in the world has shown that there is a great variance that exists among the jurisdictions. The United States tends to use a model of authorship that is more human-focused, restricting the copyright rights of the work that does not imply significant human contribution. The European Union gives the priority to human intellectual creative but is seeking alternative regulation solutions. Asian jurisdictions including Japan, China and India are actively evolving guidelines to find a balance between innovation and legal certainty with each having its own policy orientation. International organizations specifically WIPO are trying to make global standards harmonize despite different national interpretations.
References
Aziz, A. (2023). Artificial Intelligence Produced Original Work: A New Approach to Copyright Protection and Ownership. European Journal of Artificial Intelligence & Machine Learning, 2(2), 9–16. DOI: https://doi.org/10.24018/ejai.2023.2.2.15
Bisoyi, A. (2022). Ownership, Liability, Patentability, and Creativity Issues in Artificial Intelligence. Information Security Journal: A Global Perspective, 31(4), 377–386. https://doi.org/10.1080/19393555.2022.2060879 DOI: https://doi.org/10.1080/19393555.2022.2060879
Famiglietti, P., and Ellerbach, C. L. (2023). Protecting Brands in the Age of AI. Lexology.
De Rassenfosse, G., Jaffe, A. B., and Wasserman, M. F. (2023). AI-Generated Inventions: Implications for the Patent System. Southern California Law Review, 96, 101–126. DOI: https://doi.org/10.2139/ssrn.4434054
Garg, A. (2023). IPR Issues Concerning Artificial Intelligence – Patent – India. IPR Issues Concerning Artificial Intelligence – Patent – India.
Ghanghash, S. (2022). Intellectual Property Rights in the Era of Artificial Intelligence: A study Reflecting Challenges in India and International Perspective. International Journal of Multidisciplinary Journal of Educational Research, 11(6), 72–80.
Israhandi, E. I. (2023). The Impact of Developments in Artificial Intelligence on Copyright and Other Intellectual Property Laws. Journal of Law and Sustainability Development, 11(11), e1965. DOI: https://doi.org/10.55908/sdgs.v11i11.1965
Ning, H. (2023). Is it Fair? Is it Competitive? Is it Human? Artificial Intelligence and the Extent to Which We can Patent AI-Assisted Inventions. Journal of Legislation, 49(2), 421–448.
Picht, P. G. (2023). AI and IP: Theory to Policy and Back Again – Policy and Research Recommendations at the Intersection of Artificial Intelligence and Intellectual Property. IIC – International Review of Intellectual Property and Competition Law, 52, 916–940. https://doi.org/10.1007/s40319-023-01344-5 DOI: https://doi.org/10.1007/s40319-023-01344-5
Solbrekk, K. F. (2021). Three Routes to Protecting AI Systems and Their Algorithms Under IP Law: The Good, the Bad and the Ugly. Journal of Intellectual Property Law and Practice, 16(3), 247–258. https://doi.org/10.1093/jiplp/jpab033 DOI: https://doi.org/10.1093/jiplp/jpab033
Vig, S. (2022). Intellectual Property Rights and the Metaverse: An Indian Perspective. The Journal of World Intellectual Property, 25(3), 753–766. DOI: https://doi.org/10.1111/jwip.12249
Weisenberger, T., and Edmunds, N. (2023). Copyright and AI-Generated Content: Establishing Scope Requires More Than Registration. Lexology.
William, P., Agrawal, A., Rawat, N., Shrivastava, A., Srivastava, A. P., and Ashish. (2023). Enterprise Human Resource Management Model by Artificial Intelligence Digital Technology. In Proceedings of the 2023 4th International Conference on Computation, Automation and Knowledge Management (ICCAKM). IEEE, 1–6 https://doi.org/10.1109/ICCAKM58659.2023.10449624 DOI: https://doi.org/10.1109/ICCAKM58659.2023.10449624
William, P., Bani Ahmad, A. Y., Deepak, A., Gupta, R., Bajaj, K. K., and Deshmukh, R. (2023). Sustainable Implementation of Artificial Intelligence-Based Decision Support System for Irrigation Projects in the Development of Rural Settlements. International Journal of Intelligent Systems and Applications in Engineering, 12(3s), 48–56.
William, P., Panicker, A., Falah, A., Hussain, A., Shrivastava, A., and Khan, A. K. (2023). The Emergence of Artificial Intelligence and Machine Learning in Contemporary Business Management. In Proceedings of the 2023 4th International Conference on Computation, Automation and Knowledge Management (ICCAKM), IEEE, 1–6. https://doi.org/10.1109/ICCAKM58659.2023.10449493 DOI: https://doi.org/10.1109/ICCAKM58659.2023.10449493
William, P., et al. (2023). Impact of Artificial Intelligence and Cyber Security as Advanced Technologies on Bitcoin Industries. International Journal of Intelligent Systems and Applications in Engineering, 12(3s), 131–140.
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Copyright (c) 2025 Dr. Tripti Sharma, Dr. J Jabez, Dr. Varsha Agarwal, Ankit Sachdeva, Velvizhi K, Ashmeet Kaur

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