International Conference on Law and Justice [ ICLJ] 2025

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Start date: 2025Subject: search.filters.subject.Artificial Intelligence

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    PublicationOpen Access
    Anthropocentricity and Copyright Protection; A Theoretical Emphasis on the Human Authorship Requirement in Copyright after Thaler v. Perlmutter
    (School of Law, Faculty of Humanities and Sciences, 2025-10-10) Widanapathirana, S. H.
    The rapid development of Artificial Intelligence (AI) has created new avenues for creativity across diverse fields. While expanding the horizons of creativity, AI has also introduced a plethora of challenges to the intellectual property law regime. Copyright protection, as a cornerstone of intellectual property law, safeguards the moral rights and economic rights of authors who create original artistic, literary or scientific work utilising independent skill, thought and efforts. Thus, creations generated by utilising AI models via prompting, conflicting notions surrounding the ownership and authorship of the rights attached to such creations have been subjected to extensive debates. The recent decision in Thaler v. Perlmutter by the Court of Appeal for the District of Columbia Circuit has decisively addressed the debate pertaining to the ownership of copyright in AI generated works. The judgement cemented the view that copyrightfor works that are generated by AI platforms cannot be attributed to the AI system itself,depicting the quality of anthropocentricity. Thus, by employing the doctrinal and explorative approaches in qualitative research methodology, this study methodologically evaluates the judgement in Thaler v. Perlmutter with the goal of developing a conceptual foundation for the domain of authorship and property rights for AI generated works. The study drew upon the natural rights theory and personhood theory of intellectual property law for the purposes pertaining to the evaluation. The findings depict that Thaler v. Perlmutter reinforces the necessity of human authorship for copyright protection portraying conformity with the theoretical underpinnings of intellectual property law. At the same time, the study recognizes emerging calls for legal reforms to accommodate the evolving nature of creativity motivated by AI-relatedtechnologies.
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    PublicationOpen Access
    Rewriting Delictual Liability in the Age of AI: Assessing Negligence for Physical Harm Caused by AI Driven Robots in Sri Lanka
    (School of Law, Faculty of Humanities and Sciences, 2025-10-10) Dharmawardhane, D; Jayamaha, S
    Where an Artificial Intelligence driven robot causes physical injuries to human beings, Aquilian action under the law of delict shall be applicable by default considering that there are no statutes or case law governing such incidents. Nonetheless, the application of the traditional delictual law doctrines in this context is difficult or rather impractical due to their inherent characteristics such as lack of explainability, unpredictability, autonomy, and multi-party involvement. The objective of this paper is to analyse the aforesaid issue and provide recommendations to resolve the matter.While the paper indicates how conventional Aquilian action fails in this context, it offers recommendations to incorporate recent developments in the field of AI and judicial/ legislative requirements.