Human Minds, Machine Hands: Rethinking Authorship in The Age of Generative AI

The use of Artificial Intelligence (AI) in creative processes and its implications for copyright law have become central issues in contemporary legal scholarship. Generative AI challenges the traditional understanding of creativity and originality in art. Copyright law in most jurisdictions is grounded in anthropocentric theories that place the human creator at its core, viewing copyright primarily as a means to incentivise human creativity. If this human-centred approach continues to prevail, moral rights will remain the main focus of copyright protection. However, this position risks conflicting with current technological and economic developments, potentially leading to a situation where truly original and innovative works produced by intelligent machines fall into the public domain. Such an outcome could discourage investment in and use of generative AI technologies. To address this issue, the present study adopts a utilitarian theory, which conceives copyright as an instrument to promote the creation of works that enrich society. From this viewpoint, extending copyright protection to AI-generated works could motivate human stakeholders—developers, users, and owners—to further develop and employ these technologies. The paper analyses the advantages and drawbacks of recognising each of these stakeholders as potential authors and ultimately argues for attributing copyright ownership to the AI system's owner through statutory provisions that permit contractual allocation between parties. The proposed framework seeks to resolve doctrinal uncertainties surrounding AI authorship and provide a foundation for future research.