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AI-Generated Artworks And Copyright Infringement: Exploring The Legal Conundrum Under Indian Law AI-Generated Artworks And Copyright Infringement

9 hours ago
1 min read



Katyayani Guha, Bharati Vidyapeeth, New Delhi


Introduction:


AI (Artificial Intelligence) has revolutionized the majority of sectors including art and culture, where AI has been able to produce new compositions that nearly equal human creativity. The emergence of AI in the literature, painting, music, and other forms of expression has led to the debate on the copyright of these works, and if so, who the rights are to. Human authorship is not the only reason traditional copyright, which is based on human creativity and originality, should be questioned. This legal problem is not only in India, but also the whole world that the legislatures and courts are facing the problem of how to fit AI-born content into the already established legal frameworks.


The Indian copyright law laid down in the Copyright Act, 1957 in silence. The Act, with its emphasis on human authors and originality, poses several problems when it comes to AI- generated works. The development of AI technology is a challenge for India’s legal system to solve the shortcomings in its copyright law which prescribe how to own and protect works created by machines. This paper analyzes these obstacles with the focus on three main aspects: copyrightability of AI-generated works, authorship and ownership issues, and copyright infringement AI-generated outputs. This paper also analyzes the concept of fair dealing under Indian law and its implications for the use of copyrighted material in training AI systems.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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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:

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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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