Brunei expressly attributes certain no-human-author computer-generated works to the person undertaking the necessary arrangements, but a concrete GenAI claim remains conditional on originality, category, fixation, qualification and proof of that person.
Investigación abierta. Corte general del Atlas: 31 de agosto de 2026. Cobertura no significa revisión completa ni vigencia certificada.
Marco y alcance
Autonomous authorial output: identify the exact literary, dramatic, musical or artistic work. Sections 2(1), 11(3) and 14(3) create a real no-human-author route, so Brunei cannot be classified as requiring human expressive contribution in all cases. The CGW route is not automatic. Section 3 still requires originality, section 5 requires fixation for literary/dramatic/musical works, and sections 163-166 require qualification. Each element must be proved for the concrete output. Necessary arrangements must be assigned factually among user, developer, provider, fine-tuner, commissioner, employee/employer and post-editor. A prompt, payment or platform term alone is not an enacted presumption of statutory authorship. Assisted works require a feature-level map of original human expression. Human text, drawing, composition, photography, code, selection/arrangement or editing may qualify without automatically extending to model-determined content. A compilation route under s. 5(1)(b) protects only original selection or arrangement, not every generated component. The model and software are separate from outputs generated by them. Sound recordings and films are separate entrepreneurial/fixation works under ss. 3, 7 and 11(2)(a). Protection of the particular fixation does not prove copyright in underlying AI-generated music, lyrics, images, voice or narrative. Part II performance rights require a live performance by individuals under s. 180; a purely synthetic performance does not become a human performance merely because it is fixed or marketed. Government publication, employment, commission, assignment and platform contracts require separate chain-of-title analysis. They do not substitute for originality or identify the statutory arranger without work-specific evidence. Registration cannot close subsistence because there is no state copyright-work registration procedure. The Creative Industry Database, UTB publicity, legal deposit, copyright notices, CMOs, prizes, trade marks/designs and foreign/private records are excluded from grants and denials. Evidence gate: preserve model/version, prompts, system configuration, parameters, seeds, fine-tuning/RAG inputs, intermediate outputs, source/layer/track files, human drafts and edits, role logs, dates, contracts and third-party source licences. Defenses remain atomic: no originality, wrong category, lack of fixation, a human author defeating the no-human premise, wrong arranger, no territorial qualification, adverse employment/assignment, copied prior work/fixation, and confusion between underlying output and entrepreneurial fixation.
Limitaciones documentadas
No published Brunei judgment or Copyright Tribunal decision resolves GenAI originality or identifies the necessary-arrangements person under section 11(3); this narrower zero remains after correcting the inherited false all-case zero. The Judiciary states that its online judgment collection is still being built, so unreported or manually retrievable decisions cannot be excluded. The historical official URL for Yong Teck Sang v Public Prosecutor returned 404 after the Judiciary's site migration at the cutoff; the complete official text was read from the indexed official response and preserved as a transparent structured extract with original-page pinpoints. No complete judicial reasons, decision date or coram were located for Public Prosecutor v Ecoprime Networks Sdn Bhd, HC 29 of 2009, so it remains an official reported authority rather than a reconstructed precedent. The 2026 UTB publicity does not disclose whether generic copyright-registration references are foreign, private, internal, or unrelated to AI, and no underlying certificate/application was public. No official Brunei AI-specific examination guidance exists because there is no state work-registration procedure; future amendment or reported decision could alter the classification.