The UAE has actively embraced technological advancements, integrating Artificial Intelligence (AI) across various sectors, including healthcare diagnosis and traffic management. AI plays a crucial role in enhancing operational efficiency, and its impact extends to public and private sectors. Under UAE copyright law, creative works, including literature, music, visual arts, and software, are legally protected. However, with AI-driven innovation, new challenges arise, particularly regarding intellectual property rights. While AI can streamline industrial processes, it also has the potential to modify existing creative works, raising concerns about copyright infringement. A key legal debate revolves around whether AI-generated content qualifies for copyright protection, given that software itself cannot be considered an inventor.
Is it possible to Copyright AI-generated work in the UAE?
Under UAE copyright law, Artificial Intelligence (AI) is not recognized as an author, meaning that fully AI-generated works without human intervention do not qualify for copyright protection. Only a natural or legal person can hold copyright ownership over a creative work.
To secure copyright protection for AI-generated works, there must be a significant human contribution to the creation process. As per Federal Decree Law No. 38 of 2021 on Copyright and Neighbouring Rights, a work must be an innovative product in the fields of literature, art, or science. This legal uncertainty surrounding AI-created works is a challenge not only in the UAE but also in many other countries. Protection largely depends on how much human input is involved in the creation, raising ongoing discussions about intellectual property rights in AI-generated content.
Ownership Dilemma in AI-Generated Works
One of the biggest challenges in AI-generated content is determining ownership rights. Since AI can compose music, write poetry, and design artwork, the key legal question is: Who holds the copyright, the developer or the operator? Under UAE copyright law, AI itself cannot be considered an author, meaning only humans can receive copyright ownership. The new legal framework recognizes AI-generated works but attributes ownership to human creators. Developers and institutions deploying AI systems retain rights over the outputs if the AI was developed or trained under their guidance.
For copyright eligibility, an AI-generated work must demonstrate:
- Significant human intervention in its creation.
- Originality and an inventive step in its composition.
- No similarity to previously registered works.
This legal complexity is a global issue, as many countries struggle with the same debate over intellectual property rights in AI-generated creations.
UAE Copyright Law and Global Intellectual Property Standards
The United Arab Emirates (UAE) aligns its copyright laws with international standards, ensuring a robust intellectual property (IP) framework. As a member of several international treaties, including the World Intellectual Property Organization (WIPO), the UAE has strengthened its legal structure and global reputation in IP protection. Recognising the challenges posed by digital transformation, the UAE has implemented significant measures to safeguard intellectual property in the digital era. Under WIPO guidelines, fully AI-generated works do not qualify for copyright protection. However, creators may be able to secure rights for their original selection, arrangement, or modification of AI-generated content, provided it demonstrates sufficient creativity and human intervention.
Human Intervention in Copyright Protection
To obtain copyright protection, a work must include substantial human input. AI tools can assist in content creation, but the degree of human contribution is crucial in determining copyright eligibility. For instance, AI can generate a research paper based on a given title, but this alone does not qualify for copyright protection. However, if an individual provides detailed instructions, guides the AI with innovative input, and refines the final output, authorship may be attributed in proportion to the extent of human creativity involved.
Copyright eligibility for AI-generated works depends on the level of human contribution involved in the creative process. Several factors are considered, including:
- The nature of the work and its originality.
- The percentage of human involvement in shaping the output.
- Guidance provided to AI during creation.
- Modifications and refinements were made to AI-generated content.
- Creative decision-making influences the final work.
If human input is minimal, obtaining copyright protection for an AI-generated work becomes very difficult. However, substantial human creativity and originality can strengthen the case for legal recognition.
How can Jitendra Intellectual Property help you with Copyright registration in the UAE?
To obtain copyright protection in the UAE, creators must provide detailed information about their innovation and ensure proper documentation. Jitendra Intellectual Property is a leading IP service provider in the UAE, offering assistance with copyright registration and protection in the UAE.
