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IP Protection for AI-Generated Content in the “Post - AI Act” Era

  • 2025
  • OriginalPaper
  • Chapter
Published in:
Author
Eleni Tzoulia
Published in
EU Digital Law in the AI Era
Publisher
Springer Nature Switzerland

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Abstract

The chapter delves into the EU's AI Act and its impact on the proprietary status of AI-generated content. It highlights the challenges posed by the copyright ineligibility of AI-generated works and the need for a new IP protection regime. The text explores the market failure arising from the inadequacy of the current legal framework and proposes a sui generis IP protection regime to address these issues. It also discusses the transparency obligations imposed by the AI Act and the need for a fair share of revenues for generative AI developers. The chapter concludes by outlining the material scope of the new IP right, the duration and territorial scope of the protection, and the potential challenges and benefits of the proposed regime.
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previous chapter The EU Right of Communication to the Public Against Creativity in the Digital World: A Conflict at the Crossroads?
next chapter Data as Remuneration in Digital Copyright Licensing: Some Reflections on the Concept of ‘Appropriate and Proportionate Remuneration’ Under Art. 18 EU Directive 2019/790 in the Data Era
Title
IP Protection for AI-Generated Content in the “Post - AI Act” Era
Author
Eleni Tzoulia
Copyright Year
2025
Book
EU Digital Law in the AI Era

Print ISBN: 978-3-031-96742-9

Electronic ISBN: 978-3-031-96743-6

Copyright Year: 2025

DOI
https://doi.org/10.1007/978-3-031-96743-6_8
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