Legal Protection of Ai-Generated Creative Works in the Age of Digital Disruption: An Intellectual Property Law Perspective

The advancement of Artificial Intelligence (AI) technology in the era of digital disruption has led to the emergence of a new phenomenon: generative works autonomously or semi-autonomously produced by AI systems. This development presents significant legal challenges in the field of copyright protection, particularly concerning the determination of authorship and whether such works satisfy the originality requirement as mandated by prevailing copyright law. This study aims to analyze and evaluate the legal protection afforded to AI-generated works within the framework of Indonesian Intellectual Property Law, with specific reference to Law No. 28 of 2014 on Copyright and relevant international principles under the TRIPs Agreement. This research employs a normative juridical approach using statutory analysis and doctrinal examination of legal literature, statutory provisions, and contemporary legal theories. The findings indicate that the current Indonesian legal system does not explicitly accommodate the legal status of AI-generated works, thereby creating a potential legal vacuum and uncertainty in copyright protection. The study recommends a reformulation of copyright regulation to include recognition of human contribution in the creative process of AI-generated works (human authorship model) as a fundamental basis for copyright entitlement. Adapting the legal framework is essential to maintain a balance between the protection of creative works, the promotion of technological innovation, and the assurance of legal certainty within the Intellectual Property ecosystem in the digital era.

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Publication Details

Journal
International Journal of Social Science and Human Research
Published
2025-06-21
DOI
https://doi.org/10.47191/ijsshr/v8-i6-54
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection of Ai-Generated Creative Works in the Age of Digital Disruption: An Intellectual Property Law Perspective

Irawati Irawati, Marzellina Hardiyanti, Umaira Hayuning Anggayasti, Ni Wayan Yesi Sandiani
International Journal of Social Science and Human Research
Indonesian Legal and Regulatory Studies
article

Legal Protection of Ai-Generated Creative Works in the Age of Digital Disruption: An Intellectual Property Law Perspective

Irawati Irawati, Marzellina Hardiyanti, Umaira Hayuning Anggayasti, Ni Wayan Yesi Sandiani
article en

Abstract

The advancement of Artificial Intelligence (AI) technology in the era of digital disruption has led to the emergence of a new phenomenon: generative works autonomously or semi-autonomously produced by AI systems. This development presents significant legal challenges in the field of copyright protection, particularly concerning the determination of authorship and whether such works satisfy the originality requirement as mandated by prevailing copyright law. This study aims to analyze and evaluate the legal protection afforded to AI-generated works within the framework of Indonesian Intellectual Property Law, with specific reference to Law No. 28 of 2014 on Copyright and relevant international principles under the TRIPs Agreement. This research employs a normative juridical approach using statutory analysis and doctrinal examination of legal literature, statutory provisions, and contemporary legal theories. The findings indicate that the current Indonesian legal system does not explicitly accommodate the legal status of AI-generated works, thereby creating a potential legal vacuum and uncertainty in copyright protection. The study recommends a reformulation of copyright regulation to include recognition of human contribution in the creative process of AI-generated works (human authorship model) as a fundamental basis for copyright entitlement. Adapting the legal framework is essential to maintain a balance between the protection of creative works, the promotion of technological innovation, and the assurance of legal certainty within the Intellectual Property ecosystem in the digital era.

International Journal of Social Science and Human ResearchVol. 08(06)
Diponegoro University (ID)
Openalex Percentile: Top 83%
Indonesian Legal and Regulatory Studies
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Legal Protection of Ai-Generated Creative Works in the Age of Digital Disruption: An Intellectual Property Law Perspective — Irawati Irawati, Marzellina Hardiyanti, et al. · International Journal of Social Science and Human Research (2025) | TGRS Research Map | TGRS