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AI-Generated Works And The Challenge Of Copyright Ownership




U. Jeevitha, Advocate in Tirunelveli District Court


ABSTRACT


The rapid advancement of artificial intelligence (AI) has transformed the creative landscape, enabling machines to generate music, literature, art, and other forms of expressive works that traditionally relied on human authorship. While these developments present unprecedented opportunities for innovation and efficiency, they also challenge the very foundations of copyright law. Conventional copyright systems are built upon principles of human creativity, originality, and authorship, making it unclear whether AI- generated works fall within existing legal frameworks. This paper examines the legal, ethical, and economic complexities surrounding the copyright status of AI-created content, with particular attention to global legislative approaches and judicial interpretations. Through a comparative analysis of jurisdictions including the United States, European Union, United Kingdom, India, and selected Asia-Pacific nations, the study explores how different legal systems address questions of authorship, ownership, originality, and liability in the context of AI-generated works. It further analyzes the implications for creative industries, human artists, and public policy, highlighting the tension between protecting human creativity and fostering technological innovation. The paper also evaluates doctrinal perspectives such as the labour theory of property, utilitarian justifications, and the role of the public domain in an AI-driven creative environment. Drawing on global best practices, it proposes potential reforms, including hybrid authorship models, international harmonization of copyright laws, and ethical guidelines for AI use in creative fields. Ultimately, the study argues that while AI challenges traditional copyright principles, it also offers an opportunity to modernize legal frameworks to reflect emerging technological realities.


Keywords: Artificial Intelligence, Copyright Ownership, AI-Generated Works, Authorship, Intellectual Property Law



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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