نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Generative artificial intelligence represents a novel and transformative technology capable of producing innovative works in literary, artistic, scientific, and software domains. While offering vast opportunities, it simultaneously raises significant legal and intellectual property challenges. The main research question of this study is whether works created by generative artificial intelligence can be protected under intellectual property law and, if so, how legal ownership should be defined. The necessity of this research stems from the fact that current laws, particularly in Iran, recognize only human creators as the basis for legal protection. This creates gaps and ambiguities when addressing independent digital works generated by AI, potentially affecting legal certainty, economic exploitation, and innovation development, as well as influencing judicial practice and legislative policymaking. The primary objective of this article is to provide a comprehensive legal analysis of AI-generated works, focusing on domestic laws, judicial precedents, and international legal frameworks and doctrines, in order to identify existing challenges and propose practical solutions. The research employs an analytical, descriptive, and comparative methodology, utilizing statutory provisions, court rulings, advisory opinions, and doctrinal sources to assess the current legal situation and identify gaps. The findings indicate that under current Iranian law, legal protection for AI-generated works is only feasible if humans have played a direct role in creating or guiding the work; otherwise, legal gaps prevent the recognition of ownership and lawful exploitation. Comparative analysis of international frameworks and proposed legal models demonstrates that by amending laws and clarifying the concept of “author,” legal protection, certainty, and incentives for innovation can be ensured. The originality of this study lies in providing an integrated doctrinal, comparative, and legal analysis of AI-generated works and offering practical recommendations for the Iranian legal system.
کلیدواژهها English