Private Law Research

Rethinking the Originality Requirement in Copyright Protection for AI-assisted Works

Articles in Press

Document Type : Research Paper

Authors

Faezeh Varseh 1
Mehdi Zahedi 2

1 Ph.D. Candidate in Private Law, Allameh Tabataba'i University,

2 Associate Professor of Public and International Law, Allameh Tabataba'i University,

10.22054/jplr.2026.94674.3034
Abstract
Originality is a primary requirement for the protection of literary and artistic works and is connected to the concept of human creativity Accordingly determining originality in AI-assisted works raises a fundamental challenge, due to the uncertainties about nature and extent of human creativity in the process of creating such works Using a descriptive-analytical method, based on library sources and electronic databases, this study tries to answer the question of whether AI-assisted works can be considered original, and therefore protectable, under Iran's legal system. To answer this question, this study first examines the approaches of the United States, the European Union and the United Kingdom to interpreting the concept of creativity and determining originality in AI-assisted works, and then reviews the new criteria that have been proposed for protecting such works. The findings show that, because since a minimal degree of creativity is sufficient to meet the originality requirement under Iran's legal system and such works are the result of human-AI co-creation, the final work will be original and worthy of protection if a minimal level of creative human intervention can be established at any stage of its creation.

Keywords

Originality
literary and artistic property law(copyright)
artificial intelligence
creativity
AI-assisted works
Subjects
Private Law Research

Articles in Press, Accepted Manuscript
Available Online from 24 October 2026

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