From Authorship to Accountability - Rethinking Copyright Governance for AI-Generated Art

Abstract

This study examines how the rapid expansion of generative artificial intelligence (AI) challenges traditional copyright law by shifting legal concerns beyond authorship and ownership toward transparency, disclosure, traceability, and accountability in AI-assisted artistic production.The study adopts a doctrinal and comparative legal methodology to analyse copyright principles, emerging regulatory frameworks, and policy developments relating to AI-generated content. Particular attention is given to the European Union Artificial Intelligence Act, international copyright debates, and the Albanian legal framework under Law No. 35/2016 “On Copyright and Related Rights”.The analysis demonstrates that existing copyright regimes remain predominantly authorship-centred and provide limited guidance regarding accountability when AI systems contribute to artistic creation. Significant regulatory gaps persist concerning disclosure obligations, traceability of AI involvement, transparency of creative processes, and the allocation of responsibility among users, developers, and platform providers. The findings further indicate that accountabilitybased governance offers a valuable complement to traditional copyright doctrines in addressing the challenges of AI-assisted creativity. The study is limited to legal JUS & JUSTICIA No. 20, ISSUE 2/ 2026 95 and regulatory analysis and does not incorporate empirical evidence from creators, policymakers, technology developers, or judicial practice in Albania. Future research may benefit from examining stakeholder perspectives and the practical implementation of emerging AI governance frameworks. The findings support the development of governance mechanisms based on mandatory disclosure of AI involvement, documentation of human creative contribution, enhanced transparency standards, and traceability measures for AI-generated artistic content. These measures may strengthen legal certainty and improve copyright enforcement in AIassisted creative environments.The study contributes to current scholarship by moving beyond the traditional debate on authorship and copyrightability and proposing an accountability-oriented framework for copyright governance. It offers one of the first analyses linking transparency, disclosure, traceability, and accountability principles to the regulation of AI-generated art within both the Albanian and European legal contexts.