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NAVIGATING THE COMPLEXITIES OF AI: CHALLENGES IN THE PROTECTION OF COPYRIGHT REGARDING AUTHORSHIP AND OWNERSHIP

RICHARD OBENG MENSAH AND MARTIN WAANA-ANG

The rapid advancements in artificial intelligence (AI) have ushered in a new era of innovation and creativity. They have also given rise to intricate conundrums in the realm of intellectual property. AI-generated content such as artworks, music, and literature, have raised fundamental questions about who should be recognized as the author of these creations. The nagging question is: should AI itself be considered the author, or should credit be assigned to the human programmer who created and trained the AI? This ambiguity fuels debates about the appropriate attribution of creative works, especially when AI systems are used to produce content that is virtually indistinguishable from human-made works. Closely related to this is the question of whether AI can be considered as autonomous in itself to be able to generate ideas on its own, hence contents generated by it should be afforded copyright in the name of the AI.

The question of whether the creator of the AI, the user who inputs parameters, or the AI itself should possess ownership rights becomes a complex legal puzzle. This blurs the line between human innovation and machine-driven creation. Striking a balance between stimulating innovation and protecting the interests of creators and innovators is an ever-challenging task. Addressing these conundrums necessitates a re-evaluation of copyright laws to accommodate AI’s

GSL Adinkra