Synthetic authors and algorithmic expression: the need for a new international treaty on ai and intellectual property

Abstract

The rapid advancement of generative artificial intelligence has sparked a fundamental shift in how creative works are produced, challenging the very foundation of intellectual property law. As machines now autonomously generate texts, images, music, and designs, the legal concept of “authorship”-traditionally reserved for human creators - is facing unprecedented ambiguity. This article examines the rise of synthetic authorship, where algorithmically produced content lacks a clear human origin, and explores the inadequacy of existing international legal frameworks in addressing this phenomenon. By analyzing case law, policy developments, and international instruments, the paper argues that current treaties, including the Berne Convention and TRIPS Agreement, fall short in offering coherent protection or regulation for AI-generated works. It advocates for the development of a new international treaty specifically tailored to address the authorship, ownership, and enforcement of intellectual property rights in the context of autonomous artificial creativity. Such a treaty must reconcile technological innovation with the preservation of legal certainty, artistic integrity, and global harmonization of IP norms in the age of machine-made expression.