THE LEGAL EFFECT OF RECOGNIZING ARTIFICIAL INTELLIGENCE (AI) ASAN AUTHOR UNDER THE LAW: “ALLOWING THE TAIL TO WAG THE DOG”?

Abstract

The rapid advancement of artificial intelligence (AI) has challenged traditional legal frameworks, particularly in the realm of intellectual property (IP) law. One of the most contentious issues is whether AI can be recognized as an "author" under copyright law. This paper examines the legal implications of granting authorship rights to AI systems, arguing that such recognition could lead to a fundamental shift in the purpose and structure of IP law, akin to "allowing the tail to wag the dog." By analyzing the philosophical foundations of authorship, the economic rationale for copyright protection, and the practical consequences of AI authorship, this paper concludes that recognizing AI as an author undermines the human-centric goals of IP law and creates significant legal and ethical challenges. Alternative approaches, such as attributing authorship to human creators or treating AI-generated works as public domain, are proposed to better align with the objectives of copyright law. This paper finds inter alia that AI lacks legal personhood, which is a fundamental requirement for holding rights and responsibilities under most legal systems. Granting AI authorship without legal personality raises challenges regarding ownership, liability, and enforcement of rights. Again, If AI is recognized as an author, questions arise about who would hold and enforce the copyrights, leading to potential conflicts over intellectual property. The paper recommends that instead of granting AI authorship rights, legal frameworks should recognize human intervention in AI-generated works. This could involve designating the programmer, user, or organization operating the AI as the legal author to maintain accountability and ownership clarity.