Artificial Intelligence and Digital Creativity: The Crisis of Causation and the Reconstruction of Legal Liability for Algorithmic Systems

This research investigates the evolving intersection between artificial intelligence and digital creativity, focusing on the legal challenges posed by autonomous and semi-autonomous algorithmic systems. It critically examines the emerging “crisis of causation” in contemporary legal theory, where traditional doctrines of fault and responsibility struggle to accommodate machine-generated outputs and decisions. The study analyzes how AI-driven creative processes—ranging from generative art to algorithmic design—disrupt established legal frameworks governing intellectual property and civil liability. It argues that the opacity, autonomy, and adaptive behavior of algorithmic systems necessitate a fundamental reconstruction of legal liability models, shifting from human-centered accountability toward hybrid and distributed responsibility frameworks. Furthermore, the paper explores comparative legal approaches to regulating AI accountability, highlighting gaps in current legislation and the risks of regulatory fragmentation across jurisdictions. It proposes a forward-looking legal model grounded in algorithmic transparency, explainability, and risk-based governance. By integrating legal analysis with technological insights, this research contributes to the advancement of Legal Tech scholarship and provides a conceptual foundation for addressing liability in the age of intelligent and creative machines.