Grant of Copyright to AI Generated Work and its Challenges: A Comparative Analysis from US and India Copyright Law Domain

The advent of Artificial Intelligence (AI) has raised complex legal and philosophical questions, particularly in relation to authorship and copyright ownership. One of the most contentious issues is whether or not an AI system can be recognized as an "author" and considered a "legal person" under the current copyright regulations. This paper critically examines the feasibility and ramifications of giving AI systems authorship status by contrasting the copyright rules of the US and India. Since only natural or legal persons are recognized as writers in both jurisdictions, writings produced only by AI now have a legal void. Through doctrinal analysis, case law review, and policy discourse, this study evaluates whether and how the legal definition of "author" could evolve to accommodate AI-generated content. This research was motivated by the growing application of generative AI in creative fields such as software development, music, visual arts, and literature, where it is getting harder to distinguish between human and machine-generated material. As AI systems significantly contribute to original works that are not directly created by humans, the issues of copyright ownership, responsibility, and incentive structures become critical. By analyzing current legal provisions, judicial tendencies, and theoretical perspectives, the study aims to develop practical legal frameworks that answer the concerns brought forth by non-human producers. We pursue this paper to inform ongoing global debates and help policymakers anticipate the legal disruptions caused by AI in the intellectual property domain. By identifying gaps in Indian copyright law and contrasting them with emerging discussions in the US, this study seeks to contribute to the development of progressive, equitable, and ethically sound legal norms that address the reality of AI-generated innovation. The paper also emphasizes how moral rights, legal personhood, and accountability are all impacted more broadly by AI authorship recognition. It looks into whether allowing AI authorship could undermine the core principles of copyright law, including human labor and inventiveness, and whether alternatives—such transferring rights to the AI's owner, user, or creator might be better in line with moral and legal norms. By addressing these core concerns, the study aims to offer a comprehensive and comparative framework that guides future policy in both India and the US.