Whodunnit? The Crisis of Ownership of Intellectual Property in The Age of Artificial Intelligence

Typically, a word with connotations of mystery stories, 'Whodunnit' now dictates a conundrum of its own; millions worldwide grapple with questions regarding ownership of AI-generated or assisted productions. This paper traces historical developments within the innovation economy, which is undergoing rapid transformation, from the early origins of Machine Learning to its application in various industry contexts. Alongside the technical evolution of AI, we are also witnessing significant shifts in the ownership structure of Intellectual Property associated with technology, where mechanisms such as Tokenization are rewriting its concepts as we know them. With the rampant rise of AI usage by individuals and firms, we are compelled to think back to foundational principles upon which we create; after all, creation feeds on creation, but to what extent does this hold true? Furthermore, the issue of AI models infringing on private data (current IP) is essential to consider when attempting to ascertain the overarching question this paper aims to discuss: in what ways should legal constructs adapt to integrate Artificial Intelligence into the discipline of Intellectual Property? Conclusively, its incorporation is inevitable; what we can do is ensure current frameworks evolve to not only accommodate, but best utilize the potential that AI provides us with.