Copyright protection for AI-generated works: is this sustainable?

Irini Stamatoudi

Chapter 9 in Intellectual Property, Ethical Innovation and Sustainability, 2026, pp 116-129 from Edward Elgar Publishing

Abstract: This chapter examines the extent to which works created by artificial intelligence (AI) are, or should be, eligible for copyright protection. It focuses on two main questions: (1) whether and how much human involvement exists in the creation of AI-generated works – an issue closely related to the principle of originality; and (2) whether this is a sustainable solution given the fact that in this way exclusive rights are granted and third parties are excluded from the use of such works. The chapter concludes that when AI-generated works have little to no meaningful human involvement, they do not meet the originality standard and therefore cannot – and should not – be eligible for copyright protection.

Keywords: Copyright; AI-generated Works; Originality; Authorship; Computer-generated Works (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035367764
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