Reconciling the Notion of Authorship in AI-Generated Works under the Indian Copyright Act, 1957

  • Vishwajeet Chaudhary and Yamini Mishra
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  • Vishwajeet Chaudhary

    LL.M. student at School of Law, Justice & Governance, Gautam Buddha University, Greater Noida, India

  • Yamini Mishra

    Assistant Professor at School of Law, Justice & Governance, Gautam Buddha University, Greater Noida, India

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Abstract

AI is a creative force that has profoundly altered the creation of artistic works, it has brought up important legal issues regarding authorship and copyright protection. Legal issues arise when artificial intelligence systems produce works in an autonomous or semi-autonomous manner since authorship has historically been defined by the Indian Copyright Act of 1957 in terms of human creators. The issues of integrating AI-generated works within the current framework of the Indian Copyright Act are examined in this research, specifically with regard to authorship, ownership, and intellectual property protection in such works. Given that the Act's authorship requirements are predicated on human creativity and originality, the article examines the legal gaps that arise from AI's involvement in the creative process through an analysis of the current Act provisions. It also recommends changes to the Copyright Act to meet these concerns and examines the ethical and legal ramifications of giving authorship to non-human artists. The study looks at other countries' approaches to the problem of AI-generated works, such as the US and the EU, using comparative international views. The paper emphasizes the likely necessity of a legal reexamination of authorship and the potential acceptance of artificial intelligence as a valid creator in accordance with copyright requirements. The study ultimately promotes more complex copyright regulations that guarantee the rights and safeguards of human artists' creations, thereby permitting the integration of artificial intelligence into the creative process. The goal of the study is to contribute to the current discussion on how copyright laws should be modified to address artificial intelligence concerns in the field of invention through both legislative and technological developments.

Keywords

  • Copyright
  • Infringement
  • Artificial Intelligence
  • AI Generated

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 137 - 148

DOI: https://doij.org/10.10000/IJLMH.119663

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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