AI and Copyright law in a European law context
(2025) JAEM03 20251Faculty of Law
Department of Law
- Abstract
- This thesis examines how AI-generated works fit within the European Union’s copyright framework and explores alternative legal mechanisms for their protection. With the emergence of generative AI technologies capable of creating content independently, traditional copyright concepts, particularly authorship and originality are being challenged.
The thesis begins by outlining the technological basis of AI and generative AI, followed by a discussion of the increasing relevance and value of AI-generated content. It then provides an overview of the EU copyright framework, highlighting that existing law requires human authorship and originality - criteria that AI-generated works typically fail to meet.
Subsequent chapters assess whether EU... (More) - This thesis examines how AI-generated works fit within the European Union’s copyright framework and explores alternative legal mechanisms for their protection. With the emergence of generative AI technologies capable of creating content independently, traditional copyright concepts, particularly authorship and originality are being challenged.
The thesis begins by outlining the technological basis of AI and generative AI, followed by a discussion of the increasing relevance and value of AI-generated content. It then provides an overview of the EU copyright framework, highlighting that existing law requires human authorship and originality - criteria that AI-generated works typically fail to meet.
Subsequent chapters assess whether EU copyright law can be applied to such works and explore potential solutions. These include recognizing AI as a fictional employee, granting it legal personhood, or lowering the originality threshold. While each option has theoretical merit, the thesis identifies significant legal and practical barriers that make them unworkable within the current system.
As a more feasible alternative, the thesis proposes the adoption of a new sui generis protection regime for AI-generated works. Extracting from the EU Database Directive, this model would allow protection based on factors such as investment rather than creativity. Key features could include attribution of rights to humans or companies, removal of originality requirement, limited terms of protection, labeling obligations, and regular legal review.
Ultimately, the thesis concludes that a sui generis approach offers the most practical and balanced path forward. It would ensure legal clarity and adaptability while keeping the nature of traditional copyright law and supporting the EU’s broader goals for digital innovation and regulation. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9199306
- author
- Huseynova, Ilhama LU
- supervisor
-
- Ana Nordberg LU
- organization
- course
- JAEM03 20251
- year
- 2025
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Law, AI, copyright
- language
- English
- id
- 9199306
- date added to LUP
- 2025-06-18 11:48:23
- date last changed
- 2025-06-18 11:48:23
@misc{9199306,
abstract = {{This thesis examines how AI-generated works fit within the European Union’s copyright framework and explores alternative legal mechanisms for their protection. With the emergence of generative AI technologies capable of creating content independently, traditional copyright concepts, particularly authorship and originality are being challenged.
The thesis begins by outlining the technological basis of AI and generative AI, followed by a discussion of the increasing relevance and value of AI-generated content. It then provides an overview of the EU copyright framework, highlighting that existing law requires human authorship and originality - criteria that AI-generated works typically fail to meet.
Subsequent chapters assess whether EU copyright law can be applied to such works and explore potential solutions. These include recognizing AI as a fictional employee, granting it legal personhood, or lowering the originality threshold. While each option has theoretical merit, the thesis identifies significant legal and practical barriers that make them unworkable within the current system.
As a more feasible alternative, the thesis proposes the adoption of a new sui generis protection regime for AI-generated works. Extracting from the EU Database Directive, this model would allow protection based on factors such as investment rather than creativity. Key features could include attribution of rights to humans or companies, removal of originality requirement, limited terms of protection, labeling obligations, and regular legal review.
Ultimately, the thesis concludes that a sui generis approach offers the most practical and balanced path forward. It would ensure legal clarity and adaptability while keeping the nature of traditional copyright law and supporting the EU’s broader goals for digital innovation and regulation.}},
author = {{Huseynova, Ilhama}},
language = {{eng}},
note = {{Student Paper}},
title = {{AI and Copyright law in a European law context}},
year = {{2025}},
}