The advancement of Artificial Intelligence (AI)
technology has significantly altered the process of creating art, resulting in
numerous legal challenges, especially in copyright law. Article 1, paragraph 2
of Law No. 28 of 2014 on Copyright Act acknowledges that the creator is a human
entity. The law stipulates that a creator is an individual or a group of
individuals who generate original works through their intellectual
capabilities. The copyright law framework in Indonesia is anchored in an
antiquated paradigm that emphasises the author as a human entity, encountering
difficulties in adapting to contemporary artworks generated with the assistance
of AI technology. The presence of AI as a non-human entity complicates the
understanding of the creation process, the notion of originality, and the role
of human intellect, resulting in legal ambiguity concerning the copyright
protection of AI-generated works under the relevant legal framework in
Indonesia. This research employs a normative juridical method utilising
legislative, conceptual, and comparative legal perspectives. This research is
prescriptive, analysing core legal materials, such as the Copyright Act, and
secondary materials, including legal literature on copyright and AI-generated
art. The study seeks to conduct a legal analysis of copyright protection for
paintings generated by artificial intelligence. The findings suggest that
individuals involved in the creative process can be acknowledged as the
creators of AI-generated artworks, provided they fulfil the criteria of
originality and contribute intellectually to the creation process. This
necessitates normative clarity in the Copyright Act to prevent bias or
ambiguous interpretations. The Act has not expressly established the criteria
for copyright protection of contemporary AI-generated artworks, notably
concerning new standards for originality and human intellectuality, resulting
in legal ambiguity for producers and practitioners of modern art. A normative
claim in the Act must establish that the utilisation of AI in the creation of
artworks, including paintings, is seen as an auxiliary tool or technological
instrument, rather than the primary creator. This explanation is essential to
prevent ambiguous interpretations concerning the status of AI and to enhance
the coherence of the Act with Hegel's theory of personality and Locke's theory
of property, both of which prioritise individuals in the context of legal
rights and obligations.
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