RE-ASSESSMENT OF COPYRIGHT PROTECTION UNDER THE BERNE CONVENTION (1886): THE JURIDICAL STATUS AND CHALLENGES OF EMERGING ARTIFICIAL INTELLIGENCE (AI) GENERATED WORKS

Abstract

The Berne Convention (1886) has long been a cornerstone of international copyright protection, emphasizing the safeguarding of human intellectual creations across 177 member states. However, the rapid evolution of artificial intelligence (AI) technologies challenges the Convention’s traditional concepts of originality, authorship, and ownership. This paper critically examines the legal status of AI-generated works under the Berne Convention, highlighting the limitations of its human-centric framework. Through a doctrinal analysis of international treaties, national laws, and judicial decisions, the study explores the emerging legal ambiguities and jurisdictional inconsistencies in protecting AI-generated content. It examines the definition of authorship, analyses the emerging global jurisprudence, evaluates the suitability of current legal interpretations, and provides a comparative legal analysis across various jurisdictions. Through doctrinal legal research supported by some real-world case studies and scholarly views, this study proposes future policy reforms to accommodate the realities of Artificial Intelligence driven creativity while preserving the integrity of international copyright system. The findings contribute to filling an urgent gap in legal scholarship at a time of technological disruption in creative industries.