Intellectual Property Challenges for AI-Driven Creativity: A Focus on Copyright and Patents in Emerging Economies

Abstract

AI has the potential to enhance the level of creativity and productivity in the creative industry. The legal implications of this development must be carefully analyzed for the development of the creative industry, to establish a legal position on where AI stands in the increasingly competitive market, particularly within the realm of intellectual property law. This research examines the need for a legal framework for AI. It was conducted through the lens of intellectual property law, to determine its place within existing IPR regimes using the comparative legal method. Analysis of this study shows a variety of approaches taken by many countries, which shows a nuanced reality of how AI is viewed through the lens of intellectual property law. The results also justify the urgency to regulate AI and highlights the taxonomy dilemma of AI-generated works within the creative industry, especially between copyrights and patent. The study ultimately suggests Indonesia to adopt a conditional approach in regulating AI, by avoiding radical legal interpretations to ensure a level of stability, as the global market for AI in the creative industry continues to be developed.