The Legality of AI-Generated Art: Copyright Ownership and Current Developments Vol. 13, Issue 1

Abstract

The emergence of AI-generated artwork is challenging traditional notions of authorship, originality, and ownership. As a result, copyright norms worldwide are being reassessed. This study covers four major jurisdictions: the US, the European Union, the UK and China, through current theories and recent court cases. The data shows that the US and European Union adhere to strict rules that require human authorship, while the UK and China are exploring more flexible models. We also examine industry responses and issues of privacy and ethics in relation to the unlicensed use of copyrighted material for AI training. Based on the research on responsible AI and frameworks that prioritize transparency, fairness, and privacy, we suggest that a new legal category for machineassisted creativity should be established. This would recognize both human creators’ dignity and economic interests while emphasizing joint authorship. The analysis concludes with recommendations for the visual arts sector, including enforceable rules that require transparency around terms and conditions, a licensing system, ethical audits, and global governance of the sector through organizations such as WIPO