Examining the Challenges of Intellectual Property in AI-Generated Productions

With the advancement of artificial intelligence systems capable of autonomously generating artistic, literary, musical works, and even inventions without direct human intervention, the intellectual property (IP) regime faces unprecedented questions and challenges. The most critical issue concerns the ownership of moral and economic rights in the absence of a human creator, and how such outputs can be granted legal protection. This paper first reviews the theoretical foundations and existing literature in this domain, then comparatively examines Iranian legal frameworks such as the 1969 Law for the Protection of Authors, Composers, and Artists Rights and the Patent and Trademark Registration Law-alongside other legal systems, including the European Union, the United Kingdom, and the United States. Furthermore, existing legal perspectives on the intellectual property of AI-generated works and the related enforcement challenges are analyzed. The findings reveal significant regulatory gaps within the current Iranian legal framework. To balance the promotion of innovation with the preservation of human creativity, revising existing laws and introducing novel approaches such as defining a specific intellectual property right for AI-generated works or designating ownership among associated human agents appears to be essential.