Who Owns Machine Creativity? Rethinking Intellectual Property Protection for and from Artificial Intelligence-Generated Works
Year: 2026
Type: article
Abstract: The study at hand aims to elaborate on growing tension regarding authorship, ownership, and unauthorized use of copyrighted works in Artificial Intelligence (AI) training datasets through the battle of generative AI and Indonesia’s intellectual property protections. Generative AI’s continued growth, resulting in systems such as ChatGPT, Midjourney, and DALL-E has challenged the anthropocentric foundations of Law Number 28 of 2014 concerning Copyright, which bestows these copyrights only to human creators. Accordingly, this research analyzes the extent to which Indonesia’s existing legal framework is negated by AI-generated content and formulates models capable of responding to intellectual property issues caused by generative AI. In doing so, it employs a normative juridical method through the examination of legislation, legal doctrines, comparative legal studies, and relevant scholarly literature. It shall be concluded that Indonesia’s copyright framework is not yet capable of addressing issues relating to AI-generated works, unauthorized data scraping, protection of moral and economic rights, and legal accountability within the AI ecosystem. This research proposes several responsive regulatory models, including the reformulation of authorship doctrine, the development of sui generis protection, mandatory transparency obligations for AI developers, compulsory licensing and collective remuneration mechanisms, to create a layered accountability framework. Ergo, a balanced and adaptive intellectual property system capable of protecting human creativity while accommodating technological innovation in Indonesia.
Institution: Udayana University
Language: English
Subfield: Artificial Intelligence
Field: Computer Science
Domain: Physical Sciences
Open Access status: diamond
OpenAlex ID: W7222163693