Examining legal and ethical frameworks for protecting intellectual property rights in AI-generated content across creative industries

The proliferation of Artificial Intelligence technologies capable of generating creative content has introduced unprecedented challenges to traditional intellectual property frameworks. This research examines the evolving legal and ethical considerations surrounding AI-generated content across various creative industries, including visual arts, music, literature, and software development. The paper analyzes existing IP protection mechanisms, including copyright, patent, and trademark law, evaluating their adequacy and limitations when applied to AI-created works. Our review encompasses both theoretical frameworks and practical implementations across different jurisdictions, highlighting landmark cases and emerging precedents. The findings indicate significant gaps in current legal frameworks, with jurisdictions varying widely in their approaches to authorship, originality requirements, and protection mechanisms for AI-generated content. Challenges persist regarding attribution, ownership determination, fair use considerations, and the balancing of innovation incentives with creator rights. This review also addresses the ethical implications of AI content generation, including concerns about bias, cultural appropriation, and economic displacement of human creators. We provide recommendations for policymakers, creative industries, and technology developers to establish more coherent and equitable frameworks that can adapt to the rapidly evolving landscape of AI-generated creative content while preserving the fundamental principles of intellectual property protection.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-06-30
DOI
https://doi.org/10.5281/zenodo.17384773
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

Examining legal and ethical frameworks for protecting intellectual property rights in AI-generated content across creative industries

Zenodo (CERN European Organization for Nuclear Research)
Law, AI, and Intellectual Property
article

Examining legal and ethical frameworks for protecting intellectual property rights in AI-generated content across creative industries

article en

Abstract

The proliferation of Artificial Intelligence technologies capable of generating creative content has introduced unprecedented challenges to traditional intellectual property frameworks. This research examines the evolving legal and ethical considerations surrounding AI-generated content across various creative industries, including visual arts, music, literature, and software development. The paper analyzes existing IP protection mechanisms, including copyright, patent, and trademark law, evaluating their adequacy and limitations when applied to AI-created works. Our review encompasses both theoretical frameworks and practical implementations across different jurisdictions, highlighting landmark cases and emerging precedents. The findings indicate significant gaps in current legal frameworks, with jurisdictions varying widely in their approaches to authorship, originality requirements, and protection mechanisms for AI-generated content. Challenges persist regarding attribution, ownership determination, fair use considerations, and the balancing of innovation incentives with creator rights. This review also addresses the ethical implications of AI content generation, including concerns about bias, cultural appropriation, and economic displacement of human creators. We provide recommendations for policymakers, creative industries, and technology developers to establish more coherent and equitable frameworks that can adapt to the rapidly evolving landscape of AI-generated creative content while preserving the fundamental principles of intellectual property protection.

Zenodo (CERN European Organization for Nuclear Research)
Indiana University (US)
Openalex Percentile: Top 23%
Law, AI, and Intellectual Property
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Examining legal and ethical frameworks for protecting intellectual property rights in AI-generated content across creative industries · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS