AI And Copyright Protection: Understanding The Indian Legal Position
- IJLLR Journal
- 5 days ago
- 1 min read
Harsh Raj Gautam, BBA LLB, Presidency University, Bangalore
ABSTRACT
The rapid growth of artificial intelligence has transformed traditional notions of creativity and authorship, as machines increasingly produce literature, music, art, and code that rival human expression. This shift challenges the foundations of copyright law, which has always relied on the idea of human originality and intellectual contribution. In India, Section 2(d) of the Copyright Act, 1957 defines the author of computer-generated works as “the person who causes the work to be created,” but its application to autonomous AI creations remains ambiguous. This uncertainty, combined with the “modicum of creativity” test established in Eastern Book Company v. D.B. Modak, leaves India’s creative industries—spanning entertainment, publishing, and digital innovation—operating in a legal grey area that may discourage investment and innovation. Globally, jurisdictions diverge: the U.S. and EU firmly preserve human authorship, the U.K. adopts a more flexible “arranger” model, and WIPO continues to promote dialogue without reaching consensus. To move forward, India must craft a balanced legal framework that safeguards human creativity while recognizing the role of AI through hybrid or sui generis models, ensuring innovation thrives without eroding the core values of copyright law.
Keywords: Artificial Intelligence, Copyright Law, Authorship, WIPO, Intellectual Property
