Today, the world is witnessing an unprecedented technological revolution led by artificial intelligence (AI) technologies, which have begun to reshape many concepts—including the concept of intellectual property. While the Iraqi Civil Code, like other legislation, provides a traditional framework focused on human creativity, AI tools pose fundamental challenges that require a rethinking of the foundations for protecting works and the rights of authors and innovators.<br /><br />The first issue lies in defining the author. Article (1050) of the Iraqi Civil Code states that “whoever commits an unlawful act that causes harm to another shall be liable to compensate for the damage caused.” This article, along with other provisions relating to authors’ rights, presumes the existence of a natural person (a human) who has created the work. But when an AI system composes a piece of music, writes text, or creates a painting, who is the author? Is it the system’s programmer, the algorithm developer, the owner of the data used to train the AI, or is the work considered part of the public domain for lack of a human author? The absence of a clear answer to this question hampers the application of traditional legal protections.<br /><br />Furthermore, AI raises questions about the originality of the work. According to traditional concepts, a work must be original—that is, the product of human intellectual and creative effort. Can a work produced by AI, even if unique and innovative, be considered original in the legal sense? What about derivative works that AI might produce based on content protected by intellectual property rights?<br /><br />These challenges are exacerbated by the emergence of techniques such as “deep learning” and “generative adversarial networks” (GANs), which enable AI to produce high-quality creative works that may be indistinguishable from human-made ones. This underscores the need to find new legislative solutions or amend existing laws, including Iraq’s Copyright Protection Law No. (3) of 2004, to cover these new forms of creativity.<br /><br />Potential solutions could involve granting a form of intellectual property-like rights to AI-generated products, or designating the system’s programmer or owner as a legal (juridical) author. Consideration could also be given to amending Article (205) of the Iraqi Civil Code, which addresses artistic and literary works, to include AI-generated works, or adding provisions that specify the nature of the rights attached to them.<br /><br />In conclusion, the age of artificial intelligence offers an opportunity to reassess and develop intellectual property laws to make them more flexible and inclusive. Adapting to these challenges will ensure the protection of innovation and creativity, whether its source is human or machine, striking a balance between the interests of creators and the public good, and advancing progress in Iraq and the world.<br /><br />Al-Mustaqbal University: The top university among public and private universities in Iraq.