WHO OWNS AND CONTROLS AI-GENERATED ART TURNED INTO NFTS: A DOCTRINAL LEGAL ANALYSIS
AUTHOR – VARSHAA ARUMUGAM, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)
BEST CITATION – VARSHAA ARUMUGAM, WHO OWNS AND CONTROLS AI-GENERATED ART TURNED INTO NFTS: A DOCTRINAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 811-820, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The rapid growth of Artificial Intelligence (AI) has challenged the traditional framework of copyright law by blurring the boundaries of authorship, creativity, and ownership. Copyright regimes across jurisdictions, built upon the human-centric notion of originality, are now confronted with unprecedented questions: Can AI-generated works qualify for protection? If so, who should be recognized as the author the programmer, the user, or the AI itself? Parallelly, the emergence of Non-Fungible Tokens (NFTs) has added another layer of complexity, transforming digital creations into unique, tradable assets and raising issues of enforceability, authenticity, and intellectual property rights.
The primary objective of this research is to examine the ownership and control of AI-generated NFTs through a comparative study of statutory provisions, judicial decisions, and scholarly debates. It investigates whether existing copyright laws adequately address the challenges posed by AI creativity and NFT commercialization or whether new legal frameworks are necessary. The study further explores the extent to which international conventions, such as the Berne Convention and TRIPS, provide guidance on authorship in technologically advanced contexts.
The methodology employed is doctrinal and comparative, relying on statutes, case law, and academic literature from jurisdictions such as the United States, United Kingdom, India, and the European Union. Additionally, policy documents from WIPO and the OECD are analyzed to understand the global discourse on AI and intellectual property.
The tentative conclusion suggests that current copyright frameworks are ill-equipped to deal with the disruptive nature of AI-generated works and NFTs. While courts and legislatures have made piecemeal attempts, the absence of a harmonized international approach creates legal uncertainty. The study recommends a hybrid model of ownership recognizing human involvement while acknowledging AI’s autonomous role paired with regulatory mechanisms for NFTs to ensure both innovation and legal clarity.
Keywords: Artificial Intelligence, Copyright Law, Authorship, Non-Fungible Tokens (NFTs), Intellectual Property