Pourquoi les œuvres d’art générées par l’IA ne peuvent-elles pas être protégées par le droit d’auteur ?

The field of artificial intelligence has seen a remarkable evolution in recent years, with AI-generated artworks capturing the imagination of both artists and audiences. However, the question of whether AI-generated artwork can be protected by copyright presents a complex and controversial challenge. As technology continues to blur the lines between human creativity and machine-generated production, the debate over copyright protection for AI-generated art is becoming increasingly relevant.

Understanding Copyright and Creativity

Copyright law aims to protect the creative expression of individuals and encourage innovation by granting creators exclusive rights to their works. However, this protection is based on human activity and originality. While AI systems can produce surprisingly complex and captivating works of art, the key question is whether the result of a machine’s work can truly be classified as a work of original creation.

Lack of the human touch

Copyright law generally requires that a human author be the basis of protection. An essential norm in copyright law is that the work must be the result of human intellectual work and creative choices. AI-generated artworks, despite their complexity, lack the conscious intent, emotion, and personal experiences that human creators bring into their work.

AI as a tool, not as a creator

Artificial intelligence, including generative algorithms used in art, is essentially a tool developed and directed by humans. Algorithms process large amounts of existing data and models to generate new content. AI doesn’t feel emotions, nor does it possess the ability to think independently and creatively. It is simply a sophisticated tool designed to reproduce patterns learned from man-made art.

Lack of originality and innovation

Copyright protection is granted to original and unique works, reflecting the creativity of their creators. AI-generated artworks, by their very nature, do not possess the fundamental element of originality that human creations have. AI models are trained from existing artworks, meaning their results are often derived, mimicking styles and patterns already explored by human artists.

Human input and creative control

Even though AI systems can generate art, they lack the consciousness and intent necessary for true artistic creation. Human artists, on the other hand, imbue their work with emotions, cultural influences, societal commentaries, and personal experiences. The decisions they make during the creative process are often deeply connected to their life course, a factor that is completely absent in AI-generated art.

Legal Precedents and Copyright Standards

Existing copyright frameworks were established before AI-generated art appeared and were designed to meet the needs of human creators. Extending copyright protection to AI-generated works would require a significant reassessment of established legal principles, which may not be feasible, given the unique characteristics of AI’s creative process.


As the debate over copyright protection for AI-generated artwork continues, it is becoming clear that the core principles of copyright law, including human authorship and originality, do not align with the nature of AI-generated content. While AI certainly has the ability to transform the artistic landscape, it remains a tool rather than a creator. The lack of human intent, emotion, and consciousness in AI-generated art calls into question its eligibility for copyright protection.


Paul Cosmovici

Me Paul Cosmovici, avocat dans le domaine des marques, brevets et designs, travaille notamment pour des clients situés en Suisse, France, Allemagne, USA ou Royaume-Uni. Il a une grande expérience dans la stratégie liée à la propriété intellectuelle. Son expérience comprend la structuration de transactions commerciales, ainsi que la protection d’actifs de propriété intellectuelle. Me Paul Cosmovici conseille des entreprises menant des activités telles que pharmacies, aliments et boissons, FMCG, logiciels, banques, fonds d'investissement et universités publiques.

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