AI-ChatGPT: Who Will Get IP Rights for Work Created by it – Copyright?

The advancement of AI has have blurred lines between human and machine generated work or creativity, raising major legal and ethical questions about ownership of IP rights for work generated and created by Artificial Intelligence. Traditional copyright laws designed to protect the human creators who are struggle to address complexities introduced by the artificial intelligence generated content specifically in determining the authorship. This paper explores challenges of attributing Intellectual Property rights to AI-created works, focusing on legal framework in country like India where authorship disputes have been emerged. Examining the concept of paternity under section 57 of the copyright act of 1957 which emphasizes moral lights rooted in authorship by humans and questions whether AI lacks legal personality can be recognized as author. Also, this paper discusses about the landmark cases of India and real-world examples of “monkey selfie” to highlight gaps in present IP laws. It argues that AI while producing original work, the absence of legal recognition for AI as an entity precludes it from holding copyright, extending the discussion to potential reforms considering whether rights should be assigned to Artificial Intelligence developers, users or left in public domain and underscores the need for evolving IP frameworks to accommodate realities of AI driven creativity in era dominated by technological innovation and advancement.