Artificial Intelligence and Intellectual Property Infringement: A Study of Copyright and Trademark Challenges in the Age of Generative AI

Abstract

Artificial intelligence, and especially generative AI, has changed the production and distribution of creative and commercial content nowadays. AI can now create text, pictures, songs, and output associated with brands that are highly similar to those created by humans, which brings about a challenge of intellectual property rights specifically copyright and trademark. The copyright and trademark essentially safeguard human creativity and originality of the writer. It further gives the owners and authors exclusive rights. As the outputs of AI are used more and more, the brand image is diluted as there is more confusion with the consumer. The paper focuses on the new concerns of copyright and trademark infringement in the use of generative AI. It examines both the doctrine and empirical evidence in order to comprehend the legal implications of AI on a work under protection and the extent to which legal frameworks are sufficient to address such issues. Having evaluated the gathered data, the study defines gaps in regulations in the existing legal framework. It points to the necessity of the legal framework amendments that would strike a balance between technological development and efficient safeguarding of creators, brand owners, and consumers of the digital economy.