Modernizing Civil Liability Rules for Damages Arising from AI-Generated Works

Abstract

The research, titled “Modernizing Civil Liability Rules for Damages Arising from AI-Generated Works,” investigates the substantial effects of Gen-AI on traditional civil liability frameworks. The autonomous and unpredictable nature of AI challenges existing liability doctrines, making it difficult to attribute fault and establish causation. Given that present legal structures face challenges in handling these issues, the modernization of civil liability rules becomes essential. To accomplish this, the research utilizes a comparative analytical methodology, thoroughly assessing legal codes, precedents, and scholarly arguments. This methodology helps determine the effectiveness of present liability law, identify legal gaps, and propose reforms tailored to AI-related damages. By comparing various jurisdictions, particularly the European Union and Iraq, the research highlights best practices that may contribute to legal advancements. The study reveals multiple key findings including, traditional liability doctrines, such as fault-based and strict liability, are inadequate for addressing AI-related damage, due to AI’s evolving nature and the opacity of its decision-making processes, commonly known as the "black box" problem.