AI products have progressed to a level where they rival human creativity in almost all aspects, ranging from music and literature to visual arts. AI systems operate by learning patterns from massive datasets. Broadly, there are two kinds of works: one is AI-assisted work, which is created with the assistance of AI, and the other is purely AI-generated work. Generative AI enables individuals who lack technical skill or physical ability to externalise creative ideas that might otherwise remain unrealised. The creative spark originates in the human mind; the machine merely renders it tangible.
Copyright Protection under UAE Federal Law No. 38 of 2021
The UAE Copyright Law recognises only natural or legal persons as authors. Therefore, works created solely by AI may not qualify for copyright protection. UAE Federal Law No. 38 of 2021 defines a “Work” broadly to include any creative output, but it restricts the concept of an “Author” to a person (natural or legal), making human identity the cornerstone of copyright protection. Articles 1 and 5 reinforce this by linking authorship to personal moral rights such as attribution and integrity rights that cannot logically belong to machines. Although Article 2 protects software and smart applications, the law is silent on the ownership of outputs generated by those systems, creating ambiguity when AI produces content with minimal human involvement. This silence mirrors global debates, such as in the United States, where courts have refused copyright protection to purely machine-generated works. Human authorship therefore remains a foundational principle in copyright law.
AI Training Data and Copyright Infringement
Another critical copyright challenge lies in the use of protected materials for AI training. In the EU, UK, and US, certain boundaries have been defined for lawful training. The EU has introduced “text-and-data mining” exceptions and, under the AI Act (2025), requires transparency about training data sources and compliance policies. The UAE does not have any specific regulations relating to this issue. At present, the UAE lacks explicit legal provisions that directly regulate the use of copyrighted works for AI training or require transparency regarding training data sources. Federal Decree-Law No. 38 of 2021 protects authors’ economic and moral rights, but it was drafted with traditional human creativity in mind and is largely silent on whether copying works for machine-learning purposes constitutes infringement. As a result, authors in the UAE are protected only through general copyright principles such as reproduction and distribution rights leaving a degree of legal uncertainty regarding AI training practices until more explicit regulatory guidance or judicial interpretation emerges. Nevertheless, companies operating internationally will still have to comply with EU or other global standards.
Ownership of AI-Generated Content: The Legal Gap
The limitation that only natural or legal persons are recognised as authors also creates uncertainty for businesses and individuals seeking to commercialise AI-generated content in the UAE. This can give rise to multiple issues. For example, if a company uses AI to create advertisements or music, such works may not be recognised for copyright protection. The UAE has not yet issued detailed regulations or guidance addressing AI-specific scenarios.
Need for Regulatory Clarification in the UAE
While Federal Law No. 38 of 2021 provides a strong human-centred foundation, the growing prevalence of generative AI suggests the need for interpretative guidance or targeted regulatory clarification rather than an immediate wholesale overhaul. Recognition of human involvement in AI-generated work by treating AI as a creative tool that assists in creating a creative piece could allow such works to be copyrighted.
Documentation of Human Involvement
For this to be possible, there is a need to properly document human involvement in order to prove that a human has contributed, thereby enabling protection under copyright laws. Properly developed AI laws and regulations would also help UAE creators obtain protection and enforcement internationally.
Transparency Obligations for AI Companies
There should be clear guidelines on how AI systems use training data. AI companies should be transparent about where their data comes from and ensure that they are not unfairly using copyrighted works without permission. In this way, AI development can continue while still respecting the rights of original authors and artists.
The Two-Sided Problem: Protection for Both Creators
The emergence of AI has created a two-faced issue: creators who use AI as a creative tool are not fully recognised, while at the same time the owners of the data fed into AI are not adequately protected or given due recognition. This two-sides-of-the-same-coin issue should be addressed jointly in order to achieve the UAE’s AI leadership goals, encouraging innovation while preserving legal certainty and creator rights.