When Algorithms Meet Art: Jurisprudence and Authorship in the Age of Generative Artificial Intelligence

By Blegina HASKO, Kristi BELLO

Abstract
This paper examines the unprecedented challenges posed by Generative Artificial Intelligence (AI-G) to copyright law, specifically within the Albanian legal framework (Law No. 35/2016). It aims to identify legal gaps regarding authorship, ownership, and economic compensation for human creators in the music and visual arts sectors. The study employs a doctrinal and comparative legal analysis, juxtaposing Albania’s legislation with US Copyright Office policies, the EU AI Act (2024), and the DSM Directive. Through context-specific case studies, the research evaluates the adequacy of current norms in the face of autonomous digital production and “style cloning.” The analysis confirms that while human authorship remains a non-negotiable prerequisite for protection, the lack of regulation for AI training data and autonomous outputs creates significant legal uncertainty. While the study proposes sui generis rights as a potential solution, it critically addresses scholarly concerns regarding the complexity and fragmentation such rights might introduce to traditional copyright doctrine. This research provides a novel, Albania-specific analysis of AI copyright implications, offering a hybrid regulatory model that balances technological innovation with the protection of national cultural identity and creators’ economic rights. The recommendations—including mandatory collective licensing, transparency requirements, and alignment with EU standards—serve as a strategic roadmap for Albanian policymakers to foster a fair digital economy and protect intellectual labor from AI-driven displacement.

Keywords: Generative AI; Copyright Law; Albania; Sui Generis Rights; Intellectual Property; Digital Single Market; Music and Visual Arts; EU AI Act Alignment.

 

https://doi.org/10.58944/jpxc8422