The Protection of Copyright for Published Works in the Digital Environment: A Study on the Challenges of Generative Artificial Intelligence Technologies

Abstract

This research paper addresses the complex legal issues posed by the rapid development of generative artificial intelligence (AI) technologies to the traditional copyright framework in the digital environment. While the legal structure of copyright has adapted to the challenges of digital reproduction and distribution, it now faces an existential challenge: the ability of machines to ingest vast amounts of protected works to train their models and subsequently generate new works autonomously. This raises fundamental questions about the concepts of "author," "originality," and "fair use." This study aims to analyze these challenges from a legal perspective, focusing on the legality of using training data (inputs), the legal status of generated works (outputs), and the determination of liability for infringements. The research employs a descriptive, analytical, and comparative methodology. It reviews the existing legal framework for digital copyright protection and then deeply analyzes the challenges presented by generative AI. It also compares emerging regulatory approaches in the United States and the European Union to draw lessons and provide applicable insights. The study concludes that current legal frameworks are insufficient to address these challenges and recommends the adoption of a proactive legislative approach in Arab countries that balances the protection of creators' rights with the encouragement of technological innovation. Key recommendations include enacting clear exceptions for text and data mining, imposing transparency obligations on AI developers, affirming the principle of human authorship as a prerequisite for protection, and promoting collective licensing models.