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Animating The Line: Studio Ghibli, AI-Generated Art, And The Crosscurrents Of Copyright And AI Law




Anoushka Mathur & Vagisha Gupta, BCom LLB (Hons.), O.P. Jindal Global University


ABSTRACT


The rapid growth of generative AI, like the recent ChatGPT4o, has ignited widespread debates over copyright and moral rights in today’s digital age. This paper aims to examine the legal and ethical complexities arising from AI generated art, especially when it mimics the distinctive styles of artists, like Studio Ghibli. Copyright laws, such as India’s Copyright Act, 1957, protect tangible expressions of ideas. However, they fail to address the replication of styles of artists, leaving notable creators threatened by unauthorised derivative use. This analysis explores whether AI outputs are infringing derivative works or merely transformative fair use, referencing landmark cases like Andy Warhol Foundation v Goldsmith and includes the challenges faced by creators while enforcing copyright against amassing AI generated content.


This paper also discusses moral rights concerns, using Studio Ghibli’s pacifist ethos being utilised to generate contradictory militarised images and thus distorting creator’s original intent. Jurisdiction enforcement hurdles and platform liability under EU AI Act and India’s Data Protection Act are also scrutinized to reveal gaps in implementation of accountability. To round up, the paper includes recommendations that include international cooperation, opt-in mechanisms for copyrighted data and legal reforms that adapt to changing scenarios to balance innovation and protections. Ultimately, the paper highlights the urgent need for new and evolved IP frameworks to address AI’s disruptive impact, especially and most importantly on artistic ownership and integrity.



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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