AI-Generated Work And Copyright Protection: Exploring The Landscape Of Protection Available In The USA, The EU, India And China
Shivang Tandon, Faculty of Law, University of Lucknow
ABSTRACT
Originality and authorship have always remained the premise of copyright protection. However, these traditional notions have been challenged by the AI-generated output, as it involves no or minimal human intervention. AI- generated works challenge this foundation by enabling machines to autonomously produce content ranging from literature to visual art. The outcome solely depends upon the prompt given. This raises the issue of copyright protection of the AI-generated content.
Divergent views seem to appear from different jurisdictions, where few are of the opinion that AI should be granted the ownership right, while others believe that AI shouldn’t be given ownership. Thereby, it becomes imperative to delve into this debate and find a solution. Rapid progress has been made in the jurisdiction of the United States, the European Union, India and China. The divergent views taken by the Chinese courts are also of the utmost importance. There appears to be an urgent need for international harmonisation by the World Intellectual Property Organisation (WIPO), including differentiating AI-assisted works from fully autonomous AI- generated work in contemporary times. It is also necessary for policymakers to suggest a legal framework that ensures all stakeholders are fairly compensated.
Keywords: Artificial Intelligence, Originality, Authorship, Copyright Protection and WIPO.
