Copyright, Authorship and Artificial Intelligence: A Case for Administrative Guidance.

Abstract

Generative-AI has raised uncertainties for New Zealand creators seeking copyright protection under the Copyright Act 1994. As AI software becomes increasingly integrated into creative practice, it is unclear when AI-assisted and AI-generated works will qualify for copyright protection and how existing principles of authorship apply. This dissertation argues that Parliament should mandate an appropriate agency, such as the Ministry of Business, Innovation and Employment, to develop administrative guidance explaining how copyright law is likely to apply to generative-AI use. Drawing on guidance developed in the United States of America, Republic of Korea, and Japan, this dissertation demonstrates that administrative guidance can respond readily to technological change while providing practical, accessible information for creators and rights holders. A New Zealand framework tailored to the domestic copyright environment would improve legal certainty, enable creators to engage with AI confidently, and remain consistent with existing copyright principles.