The Legal Protection of Artificial Intelligence Generated Works In the Absence of a Human Author

Abstract

This study examines the challenges posed by artificial intelligence (AI) to traditional intellectual property (IP) frameworks, particularly in cases where creative or innovative outputs are generated without direct human authorship. As AI systems become increasingly capable of autonomous learning and content creation, they challenge the foundational legal assumption that authorship - and by extension, IP protection - is inherently human. The research critically explores whether existing IP laws can accommodate AI-generated works, the feasibility of recognizing AI as a legal subject, and the implications of attributing authorship or liability in such cases. Drawing on comparative legal analysis from civil law, common law, and selected Arab jurisdictions, the study highlights the inconsistencies and gaps in current legal systems. It advocates for the development of a specialized legal framework that reflects the realities of the digital age, including redefined standards of "innovation" and the implementation of the "responsible human proxy" doctrine. Ultimately, the study calls for a shift in legal philosophy - one that balances the need for legal certainty with the dynamic nature of technological advancement in the field of inteشllectual property.