The use of artificial intelligence (AI) in everyday life, especially in the creative industry, is rapidly increasing, allowing users to easily generate images, texts, music, videos, designs, and other works. While these tools represent a technological breakthrough, they also raise a few legal issues, particularly when the generated content draws on or emulates already protected elements of intellectual property.
Legal problems in the age of artificial intelligence
The emergence of AI brings several problems in the field of intellectual property law:
Who is the author of an AI-generated work?
According to the Law on Copyright and Related Rights of the Republic of Serbia (Official Gazette of RS no. 104/2009, 99/2011, 119/2012, 29/2016 - Constitutional Court Decision and 66/2019), the author of a work can only be a natural person. Artificial intelligence, as a software system, can’t have the status of author or copyright holder. In cases where there is no significant human contribution, content generated by AI isn’t protected as copyrighted work.
However, even though such content is not protected as an original work, it can still infringe the rights of others, especially when it uses or imitates their protected elements.
Infringement of rights: the AI Barbie case
A recent trend - generating personalized Barbie-like characters using artificial intelligence - has drawn significant public attention, but also raised serious legal questions from the field of intellectual property and copyright, which Serbian legislation is only beginning to deal with.
The trend works by allowing users to input personal data or descriptions, which AI uses to generate personalized dolls in the Barbie style.
Barbie is a trademark owned by Mattel and is protected through registered trademark, copyright and industrial design right. Protected elements include the name “Barbie”, specific pink color, the appearance, and the overall visual identity of the brand.
AI-generated content may constitute derivative works that infringe these rights, particularly when they are used for commercial purposes (e.g. by influencers for promotion, advertising, products).
Trademark infringement and unfair competition
In Serbia, a trademark is a protected sign used to distinguish the goods or services of one entity from another on the market.
Using the word “Barbie” or elements that evoke the brand, without Mattel’s approval, can constitute unauthorized trademark use and grounds for a lawsuit. Moreover, such use may amount to parasitic behavior, as a third party benefits from the reputation of a well-known brand, leading consumers to believe there is a collaboration with Mattel. This is considered unfair competition or misleading advertising.
Who is liable for infringement?
Even though AI generates the content, liability for its use bears:
In other words, legal liability always rests with the natural person and legal entities behind the use of AI tools. AI itself can’t be held liable, as it doesn’t have legal personality.
Legal gaps and the need for reform
The current legal framework in the Republic of Serbia (as in many other jurisdictions) doesn’t offer clear solutions for cases involving artificial intelligence. Particularly problematic areas include:
The European Union has adopted the Artificial Intelligence Act, which introduces new obligations regarding data transparency, AI model training and liability. Similar standards are likely to influence domestic legislation in the future.
Conclusion
Trends like AI Barbie aren’t just technological novelties, they are legal challenges that expose gaps in current legislation. Until clearer regulations are established, users of AI tools and the companies that implement them should proceed with caution, especially when relying on elements of well-known and legally protected brands.
Author:
Ljiljana Marković, Junior Associate
Email(s): ljiljana.markovic@prlegal.rs; legal@prlegal.rs;