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A Critical Analysis Of Copyright In The Era Of Artificial Intelligence: Challenges, Opportunities And Legal Perspectives

Updated: Oct 24




Kumar R, Kavya Nair & Hamsa Sherly Micheal


ABSTRACT


The pace of development in AI has brought about significant challenges to traditional copyright, which was largely conceptualised with the objective of protecting human creativity, especially in the Indian context. These frameworks struggle to deal with the intricacies involved in AI-generated creative works giving rise to questions regarding authorship, ownership, infringement, and ethical accountability. International treaties like the Berne Convention and the TRIPS Agreement that seek to harmonise copyright protection worldwide reveal gaps in their applicability to the AI era. This paper critically explores the challenges posed by AI-generated works under Indian copyright law. The research primarily looks at the statutory provisions of the Copyright Act, of 1957, judicial interpretations, and international frameworks. This is done by a doctrinal methodology in the light of key case laws, evaluation of legislative inadequacies, and exploration of ethical considerations in AI copyright attribution.


The purpose of this study is to identify practical measures and legislative amendments that can balance these differences, emphasizing the need for international consistency while being sensitive to India's unique legal and cultural context. By analysing these issues, the research hopes to contribute to a more inclusive and flexible copyright regime that balances creativity with values of justice and accountability.


Keywords: Artificial intelligence, copyright law, Indian Copyright Act, authorship, ownership, infringement, ethical responsibility, Berne Convention, AI-generated works.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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