Copyright law in the age of AI: analysing the AI-generated works and copyright challenges in Australia

Nirogini Thambaiya, Kanchana Kariyawasam, Chamila Talagala

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Abstract

In today’s era of technological advancement, creativity is no longer confined to the monopoly of human authors. As artificial intelligence (AI) emerges, it is now used to autonomously generate works similar or equal to those protected by copyright. While Australian copyright law has hitherto protected human-authored works, the advent of AI works raises questions about the application of copyright to these works. This article analyses the challenges posed by AI works to the traditional principles established in Australian copyright law, including the notions of human authorship and originality, ownership and material form. Furthermore, the article explores the justification for granting copyright protection, examining whether this protection should be extended to AI works. The article argues for a futuristic legislative approach, emphasising the need for legislative reforms to effectively address the complexities of preserving AI works.

Original languageEnglish
Pages (from-to)1-26
Number of pages26
JournalInternational Review of Law, Computers and Technology
Early online date2 Apr 2025
DOIs
Publication statusE-pub ahead of print - 2 Apr 2025

Bibliographical note

Publisher Copyright:
© 2025 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.

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