Title: Intellectual property at a crossroads: AI's impact on US copyright law

Authors: Mohammad Reza Khonaksar; Farzane Karimi

Addresses: Department of Law, Sapienza University of Rome, Piazzale Aldo Moro 5, Rome, 00185, Italy ' Department of Law, Sapienza University of Rome, Piazzale Aldo Moro 5, Rome, 00185, Italy

Abstract: The rapid evolution of artificial intelligence (AI) in generating autonomous creative works challenges copyright law's foundational principles of human authorship. This article analyses the complex interplay between US copyright law and AI-generated content, highlighting the legal ambiguities that arise. As AI's creative capacities outstrip existing legal frameworks, the need for doctrinal adaptation becomes evident. We explore potential authorship frameworks, including AI as author, computational co-authorship, and the traditional tool-user approach. Through analysis of recent case law, notably Kashtanova v. Stable Diffusion, we illustrate the challenges in recognising AI's role within legal constructs that require human creative input. We also address the implications for fair use and the public domain, proposing that copyright law may need significant reform. This exploration seeks to reconcile AI's role with the incentive structures for human creativity. Our findings advocate for a dynamic legal framework that supports innovation while ensuring copyright continues to serve its constitutional purpose.

Keywords: artificial intelligence; copyright law; AI authorship; computational creativity; intellectual property; fair use; public domain; digital copyright; human collaboration; legal frameworks for AI; AI-generated content.

DOI: 10.1504/IJIPM.2026.155217

International Journal of Intellectual Property Management, 2026 Vol.16 No.4, pp.412 - 424

Received: 24 May 2024
Accepted: 01 Nov 2024
Published online: 29 Jul 2026 *

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