CreVal – The value of human creativity

Multidisciplinary perspectives on human creativity in time of AI

Background

Recent advances in artificial intelligence, particularly in generative AI, have enabled machines to produce outputs that until recently were regarded as uniquely human. Creative writing, artwork, musical compositions, and even seemingly inventive technological ideas can now be generated at scale by AI systems. This development challenges long-standing assumptions about human creativity, including the widespread belief that creativity is an exclusively human capacity. These assumptions are deeply embedded in current intellectual property (IP) law. This view is now under pressure. AI systems can produce outputs that are indistinguishable from human works, and in some domains may even be perceived as superior. Professionals in creative industries express concern about competition from AI-generated content, while industries dependent on IP protection have initiated legal actions to force AI developers to license training data. At the same time, emerging forms of human-AI co-creation complicate the traditional logic of IP law even further.

Motivation

Current legal doctrines offer little guidance on how to conceptualize authorship or inventorship in such hybrid settings, nor do they clarify whether and how human creative contributions can or should be disentangled from generative AI input when determining eligibility for protection. The technological advancements in AI and the growing human-AI interaction call for the closer analysis of several key questions in order to provide answers for the regulatory innovation and creativity legal framework.

Objectives

The project aims to bring together researchers from multiple disciplines to examine the societal value of human creativity in comparison to AI-generated creativity. The project seeks to uncover what, if anything, remains a uniquely human creative contribution that not only holds societal value but may also warrant distinct legal protection. The insights generated through this interdisciplinary exchange will contribute to updating the theoretical foundations of IP law.

 

Duration: April 2026 – March 2027

Participating Research Groups: Norm Setting and Decisions Processes, Security and Transparency of Digital Processes

Funding: Weizenbaum Institute