A Comparative Study: Authorship Of AI-Assisted And AI-Generated Works Across Four Jurisdictions
P. Hindhujaa, School of Law,SRM Institute of Science and Technology, Kattankulathur, Chennai
ABSTRACT
The growth of technology and emergence of artificial intelligence has substantially challenged the traditional authorship under copyright laws. The Copyright Act, 1957 was enacted with the primary aim for consolidating the laws relating to copyrights in India. These rights are primarily granted to authors in respect of original work in various categories such as literary, dramatic, artistic works etc. With the development of artificial intelligence, AI systems are able to generate and produce literary, dramatic, artistic works and other forms of creative works, this thereby raises the fundamental question regarding who should be recognised as author and who holds the copyrights of AI generated works. This paper examines the relationship between artificial intelligence and human authorship, with the primary focus on the requirement of human contribution. Through doctrinal analysis of copyright legislation, judicial decisions and comparative legal developments, this paper examines the legal status of AI-assisted and AIgenerated works along with the meaning of authorship and originality under copyright laws. Predominant attention is given to the Indian legal framework by examining the treatment of computer-generated works under the Copyright Act, 1957, alongside major developments in other jurisdictions such as the United States (USA), the United Kingdom (UK) and the European Union(EU). The increasing use of AI towards generation of various creative works exposes the various uncertainties in the Act, especially with regards to Authorship and the degree of human involvement required to be granted authorship rights under the Act. It further examines how the existing frameworks accommodate the varying degrees of human creativity from involvement of AI as a mere tool to substantially AI generated work. The paper concludes by establishing the need for better regulated guidelines with regards to authorship of AI generated works to protect the rights available to the authors of original works. With the advancement of AI, It is important that copyright laws must continue to evolve in a manner that protects the creative rights of the author while facilitating technological development and promoting wider societal benefits.
Keywords: Artificial Intelligence, Authorship, Originality, Copyright Act.
