AI And Copyright In India: Rethinking Authorship In The Digital Age
- IJLLR Journal
- Sep 20
- 1 min read
Pari Gupta, Vivekananda Institute of Professional Studies
“Creativity is part of human nature. It can only be untaught.”
- Ai Weiwei'
ABSTRACT
Human creativity, with its inherent originality, emotional depth, and personal touch has historically been the basis of copyright law. However, now that generative Artificial Intelligence (AI) with an ability to generate literature, music, and visual art based on minimal human prompts, AI is forcing us to rethink our assumptions about authorship. AI and its products challenge the essential principle stated above because copyright is meant to acknowledge and protect human creative work.
In India, the Copyright Act of 1957 provides protection for computer- generated works, as outlined in Section 2(d)(vi).This section attributes the authorship to "the person who causes the work to be created”. Although this was quite forward-thinking at the time it was introduced, it was conceived during an era when automation was still in its infancy. This article employs a doctrinal research methodology and qualitative content analysis to examine laws, court cases, and policy discussions in India.
Keywords: AI-generated works; Copyright Act 1957; Computer-generated works; Significant Human Input; Training Data; Indian Copyright Law.
