AI in creative and commercial work

“Think before you speak” is a phrase most of us have heard repeatedly, often from a young age. It reflects a simple moral principle, that careful thought promotes clarity, reduces conflict, and preserves harmony. That principle still holds true today. What has changed, however, is the assumption that thinking is exclusive to human beings.

AI was initially used to simplify routine tasks and accelerate access to information. Over time, its usage and capabilities have expanded significantly. AI systems are now able to generate creative outputs that increasingly contests with, and in some cases surpasses, human effort. The human attribute of creativity is no longer exclusive to humans.

Though this presents exciting opportunities for innovation and technological growth, it highlights important legal questions, particularly in intellectual property law. Copyright has traditionally been premised on human creativity, originality, and authorship. When ideas and their tangible expressions are created by AI, the foundations of copyright protection are tested.

The aim of this article is to examine how existing UAE copyright law tackle these challenges. In the absence of a specific laws governing content created by AI can such content can qualify for copyright protection, who may be regarded as its author, and what risks arise when AI-generated content is commercially exploited. As AI continues to reshape creative industries, understanding how the law responds becomes increasingly critical.

Copyright protection in the UAE

Federal Decree-Law No. (38) of 2021 on Copyright and Neighbouring Rights and its implementing regulation (Cabinet Decision No. 47/2022) is the legislation that governs copyright in the UAE. It protects literary, artistic and scientific work that is expressed tangibly, including digital content. From the time of its creation, it is protected and does not require protection, although enforcement may only be made more efficient through registration. One of the most important aspects under this law is originality and therefore, copyright protection is premised on authorship and creative expression.

Who does UAE recognize as an Author?

Article 1 of Federal Decree-Law No. (38) of 2021 defines an ‘Author’ as the person who creates the work, whose name is mentioned thereon or to whom the work is attributed to unless otherwise proven. Through this definition, we can deduce that an author is a natural person who creates original work. Therefore, AI cannot independently own or file a claim over creative work. The law attributes ownership, moral rights, and enforcement rights to the human author, making it an important attribute for determining legal protection. This requirement is very important in the context of AI-assisted work, where human involvement must be clearly demonstrated to ensure the resulting content qualifies for copyright protection and any associated commercial or enforcement rights.

The absence of a standalone AI copyright statute

While AI is increasingly used to generate creative work, the UAE does not have a standalone law specifically addressing content created by AI. Instead, the existing copyright law is applied, relying on principles of human authorship, originality, and ownership. Although the legislation was not drafted with a comprehensive understanding of AIs current capabilities, its tech-neutral provisions allow it to accommodate emerging creative methods. However, this also creates legal uncertainty, as work produced wholly or predominantly by AI does not clearly qualify for copyright protection. As a result, determining ownership depends on assessing the extent of human contribution and creative control in the final output.

Can prompting AI be considered as ownership?

In the UAE, copyright protection requires human authorship. Simply providing prompts or instructions to AI does not automatically confer ownership of the end product. Prompts are considered directional guidance rather than creative expression, and therefore are not enough to establish authorship. Creators should be able to prove that a substantial part of the work reflects their intellectual effort. Without evident human involvement, ownership rights may be challenged or even denied. This not only applies for written content, but also for visual ones.

Proving Human Contribution and Documentation

Given the increase in the usage of AI in content creation, establishing copyright ownership in the UAE requires careful documentation of human contribution. As only a natural person or human can be recognised as an author under the law, creators aided by AI must be able to demonstrate that a majority of the work originates from human creative effort.

To affirmatively make claims of authorship, content creators are advised to keep detailed records of their engagement with whatever AI tools that may have assisted them. This may include step-by-step descriptions of the process, versions of the work showing human edits, or even instructions and modifications given to the AI output. This can serve as evidence of originality and human contribution if the work is challenged or submitted for copyright registration.

While applying for copyright protection in the UAE, you must submit your Emirates ID, a description of the work and a declaration of its originality. This reduces the risk of potential disputes over ownership, enforceability, and commercial exploitation of AI-assisted content.

The Future

As AI continues to evolve, copyright laws worldwide are increasingly being tested. Several countries have already started to address work generated by AI through the creation of laws or policies for the same. For example, the United Kingdom recognises limited copyright protection for AI created content by giving authorship to the person who makes the necessary arrangements for its creation. This reflects a broad global effort to balance technological innovation with the protection of creative rights.

In the UAE, while there is currently no legislation for the same, the existing legal framework demonstrates flexibility and foresight. Future reforms may introduce clearer standards for AI-generated work. As lawmakers adapt to technological change, greater legal certainty is expected for creators and businesses alike.

Conclusion

AI is redefining the way that creative content is produced, but it does not displace the core ideas of copyright protection under UAE law. Authorship, originality, and human intellectual effort remain central to the recognition and enforcement of copyright. While AI may serve as a powerful creative tool, protection will only arise where human contribution can be clearly proved. As AI keeps developing, understanding and complying with these legal requirements are becoming extremely important to safeguard intellectual property rights and to ensure that innovation and creativity remain legally protected in the UAE.

Bibliography

1. UAE, Federal Decree‑Law No. 38 of 2021 on Copyrights and Neighbouring Rights (20 September 2021) (in force 2 January 2022) https://uaelegislation.gov.ae/en/legislations/1534 accessed 24 December 2025.
2. UAE, Cabinet Decision No. 47 of 2022 on the Implementing Regulation of Federal Decree‑Law No. 38/2021 on Copyrights and Neighbouring Rights (11 May 2022) https://uaelegislation.gov.ae/en/legislations/1561 accessed 24 December 2025.
3. UK Intellectual Property Office, Department for Science, Innovation and Technology and Department for Culture, Media and Sport, Copyright and Artificial Intelligence (CP 1205, published 17 December 2024) https://www.gov.uk/government/consultations/copyright-and-artificial-intelligence/copyright-and-artificial-intelligence accessed 24 December 2025.

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