A Critical Analysis Of AI-Generated Fanfiction Through The Lens Of Fair Use Under India’s Copyright Law
Rutuja Bhand, LL.M. (Intellectual Property and Technology Laws), Vishwakarma University, Pune
ABSTRACT
Now machines write tales once shaped only by people. Sometimes they spin verses or pictures without much guidance at all. Old movies, novels, shows - these become raw material for fresh spins. Folks call it AI-made fan stories, though that label barely fits. Laws about ownership weren’t built for this kind of remixing. Fans have bent rules quietly for years. Machines blur things further - who made it? Is it new? Does sharing count as fair? Questions pile up where tech runs ahead.
This work looks into the way India’s Copyright Act from 1957 handles stories made by artificial intelligence that are inspired by existing tales. Because these creations borrow heavily, yet change form, questions arise about their place under current laws - do they count as new enough? Instead of taking sides, it checks court rulings, what lawmakers wrote, plus scholarly views to map out where fan-made AI texts might stand legally. While America draws lines one way, Europe another, each offers clues - but not answers - for how Delhi could respond when machines write fiction using someone else’s world.
A fresh look at India's current copyright rules shows gaps when it comes to content made by artificial intelligence. Instead of holding firm, these laws struggle to keep pace with new forms of creation powered by machines. Clarity in legal guidelines becomes essential, especially where ownership is unclear. Licensing systems could work better if they adapt faster than they do now. Fair use ideas may need reshaping so inventors and artists aren’t left behind. Innovation moves quickly - protection for creators should not lag.
Keywords: Generative Art, AI, Copyright Law, Fanfiction, Fair Use, Transformative Works, AI-Generated Projects, and Intellectual Property.
