Ade Adhari
Faculty of Law, Universitas Tarumanegara, Jakarta, Indonesia

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Beyond Human Authorship: Reconstructing Copyright for Artificial Intelligence Asep Saiful Abdi; Ade Adhari
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38540

Abstract

Artificial intelligence has fundamentally transformed the creative process by enabling the autonomous generation of literary, artistic, musical, and other copyrightable works. This technological development challenges the conventional doctrine of copyright, which recognizes only human creators as authors and rights holders. As the volume of artificial intelligence-generated content continues to increase, existing copyright frameworks face growing difficulty in determining authorship, ownership, and the allocation of legal rights, creating uncertainty for creators, developers, users, and other stakeholders. This study examines the limitations of the traditional concept of human authorship in addressing artificial intelligence-generated works. It explores the need to reconstruct copyright law to respond to technological innovation while preserving its normative objectives. The research adopts a normative legal method using statutory, conceptual, and comparative approaches to evaluate existing copyright principles and emerging regulatory models. The analysis demonstrates that an exclusive reliance on human authorship no longer adequately accommodates contemporary creative practices, resulting in uncertainty over ownership, inconsistent legal interpretation, and gaps in copyright protection. The study further finds that a technology-responsive copyright framework should recognize the distinct role of artificial intelligence without diminishing human accountability, creative contribution, or the public interest. It concludes that reconstructing the concept of authorship is essential to strengthen legal certainty, promote innovation, and establish a balanced copyright regime capable of responding to the evolving relationship between human creativity and artificial intelligence in the digital era.