Creativity, Media Law, and Artificial Intelligence

The intersection of artificial intelligence (AI) and intellectual property (IP) law presents

unprecedented challenges as AI increasingly generates original content across various fields. This

paper explores the transformative effects of AI on traditional IP frameworks, which historically

emphasized human creativity and ownership rights. With AI systems now capable of producing

content that mirrors human ingenuity, questions about authorship, originality, and fair use have

intensified. Notably, existing IP laws are strained to address whether AI-generated content can be

copyrighted and, if so, who should hold these rights—the AI developer, user, or machine itself.

Significant legal cases, such as Andy Warhol Foundation v. Goldsmith and Authors Guild

v. Google, Inc., illustrate the complexities around fair use and transformative use in AI-generated

works, with courts grappling to balance creators' rights against technological advancements.

Additionally, ethical concerns regarding AI’s reliance on copyrighted data for training, as seen in

Getty Images v. Stability AI, highlight the tension between innovation and IP protections, raising

questions on transparency, accountability, and the rights of original creators. These issues are

further compounded by global inconsistencies in IP laws, urging international cooperation to

harmonize IP regulations in the context of AI.

The paper also examines cultural perspectives, particularly within Islamic contexts, where

communal knowledge-sharing values challenge Western IP norms, proposing an approach that

balances individual ownership with public access. Looking forward, the paper calls for adaptable

IP frameworks that address AI's unique characteristics while respecting ethical considerations and

societal values. As technology progresses, a collaborative, balanced approach to IP is essential to

support innovation, uphold creator rights, and align with the global digital landscape.