Artificial Intelligence and IPR over its Artistic Creations

  • Rishit Bhushan Srivastava
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  • Rishit Bhushan Srivastava

    Student at West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, India

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Abstract

The question of whether AI should be treated as a legal person and hold intellectual property rights (IPR) over its artistic creations is a complex and controversial issue. The rise of AI-generated art has led to a debate over who should own the rights to these works. While some argue that AI-generated works should be attributed to the creator of the AI, others believe that the AI itself should be recognized as the creator and hold IPR over its creations. According to some, generative AI has an intellectual property problem, and granting legal personhood to AI could help address this issue by allowing AI to hold IPR over its creations. The current legal framework is not equipped to handle the unique challenges posed by AI-generated works. According to some, it is argued that granting legal personhood to AI could have unintended consequences and lead to ethical dilemmas, and ownership of AI-generated works should be attributed to the user of the AI or the creator of the software used to generate the work. Granting legal personhood to AI could lead to a loss of accountability and responsibility for actions taken by machines. It is argued that granting legal personhood to AI could lead to a shift in power dynamics between humans and machines. While some argue that granting legal personhood to AI could help address the challenges posed by AI-generated works, others believe that such an approach could lead to unintended consequences and ethical dilemmas. As we continue to explore this topic, it is important to consider all perspectives and ensure that any legal framework developed is fair and equitable for all parties involved.

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International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1207 - 1218

DOI: https://doij.org/10.10000/IJLMH.116851

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