Published on December 11, 2025 by Morgan Black  
McFarlin Horizontal

As artificial intelligence reshapes creative industries, questions about intellectual property are becoming increasingly urgent. Tim McFarlin, professor at Samford University’s Cumberland School of Law, is tackling a cutting-edge aspect: whether there could be state copyrights and patents in AI-generated creations. 

McFarlin’s article, “The Unexplored Future of State Copyrights and Patents in AI-Generated Creations,” was accepted for publication by the Texas A&M Law Review. The piece is expected to appear in Issue 3 of the Review’s 13th volume in spring 2026. 

The article grew out of McFarlin’s previous work on state copyrights and from classroom discussions about why federal copyrights and patents, so far at least, are not available for AI-generated creations. 

“I’m not arguing here that state law necessarily should apply to these creations,” McFarlin said, “only that it could, and that courts and scholars should take seriously the possibility, as it may significantly change the landscape of intellectual property law in the U.S. and beyond.”  

McFarlin recently discussed the article and broader issues related to AI and intellectual property on the Warfare of Art & Law podcast. He also contributed to the Technology and Marketing Law Blog this past summer, writing about state copyright law and its potential role in the ongoing case of Trump v. Simon & Schuster (the “Trump Tapes” litigation). 

Over the past year, McFarlin has presented on another emerging topic—"Authorship and Time”—at major conferences, including the: 

  • Works-in-Progress Intellectual Property Colloquium 
  • Southeastern Association of Law Schools Conference 
  • Intellectual Property Scholars Conference 
  • Texas A&M Intellectual Property Scholars Roundtable 

“I’ve been speaking about how courts might be misapplying the U.S. Copyright Act’s statute of limitations in authorship disputes,” McFarlin said, “and what that may reveal about the meaning of authorship, as well as about the tension between efficiency and accuracy in the law.” 

Professor McFarlin’s achievements highlight the exceptional caliber of the Cumberland School of Law faculty. Cumberland professors shape national conversations on pressing legal issues while bringing fresh ideas into the classroom. At Cumberland, students learn from faculty who are not only teaching the law but actively influencing its future. 

 
Located in the Homewood suburb of Birmingham, Alabama, Samford is a leading Christian university offering undergraduate programs grounded in the liberal arts with an array of nationally recognized graduate and professional schools. Founded in 1841, Samford enrolls 6,324 students from 44 states, Puerto Rico and 16 countries in its 10 academic schools: arts, arts and sciences, business, divinity, education, health professions, law, nursing, pharmacy and public health. Samford is widely recognized as having one of the most beautiful campuses in America, featuring rolling hills, meticulously maintained grounds and Georgian-Colonial architecture. Samford fields 17 athletic teams that compete in the tradition-rich Southern Conference and boasts one of the highest scores in the nation for its 97% Graduation Success Rate among all NCAA Division I schools.