The article examines the fundamental shift in the creative process brought about by the rise of generative artificial intelligence, focusing on the erosion of the traditional bond between the human creator and the fruits of their labor.
The article examines the fundamental shift in the creative process brought about by the rise of generative artificial intelligence, focusing on the erosion of the traditional bond between the human creator and the fruits of their labor. Dr. Brook analyzes the evolution of technology from a passive assistive tool to an autonomous creative agent — one in which the human role is reduced to providing general instructions (prompts) alone, while the machine itself makes the substantive artistic choices. This process challenges the foundational concepts of copyright law, chief among them the originality requirement and the definition of “author,” and raises pointed questions about the need for legal protection of outputs created without direct human involvement.
The article seeks to propose a comprehensive theoretical framework for mapping the new “creative chain” — a tool essential for courts and policymakers around the world grappling with intellectual property disputes in the modern era. Rather than merely diagnosing the problem, the article puts forward concrete regulatory solutions, such as the creation of sui generis rights for AI-generated outputs and compensation models for creators whose work was used to train the systems. It joins the global legal discourse attempting to strike a balance between advancing technological innovation and protecting human creativity and culture.
