Artificial Intelligence And Copyright Law: Issues Of Authorship, Ownership, And Originality
- IJLLR Journal
- Jul 5
- 2 min read
Himanshi Khurana, Kalyan Law College, Bhilai (C.G)
1. ABSTRACT
In today's rapid advancement developing technological society artificial intelligence is developing exponentially on a large scale. Al has disrupted the fundamental principles of intellectual property law partially the doctrine of originality, authorship and ownership in which struggle to assist Al generated creativity. Tools such as ChatGPT, Google Gemini, Mid journey and cloud Al now autonomously produce literacy, artistic and musical works with minimal human interference, making current laws insufficient and creating a need to urgently review and inflate legal principles. This paper examines the flow critical dimensions of the AI-copyright interface, first it studies the legal position of Al generative work and explains that not giving copyright protection to such work create major legal gap leads to misuse, negatively affect creative industries in Thaler vs Perlmutter, AI vs copyright office denied copyright to Al generated work. Similarly, India's copyright act to Al generated work on Al generated content creates a legal gap. Second, the paper critically examines the traditional human authorship doctrine and questions whether existing standards of originality and creativity remain adequate in limited human involvements to prompt engineering selecting ai generated output. Third, the paper examines ownership and licensing issues related to ai generated content by analyzing the competing rights of developers, user and ai platforms. Also evaluates the work for giving doctrines or sui generis can effectively regulate ai generated works. Fourth, the paper examines ai, copyright infringement and liability arising from the use of copyrighted datasets in ai training, analyses the leading case The New York times vs Open Al and Microsoft and proposes a structured liabilities framework for developer's platforms and end users using a doctrinal and comparative approach the papers argues that India must amend its copyright act, 1957 to address AI related authorship, ownership and liability.
Keywords: Artificial Intelligence and Copyright; Navigating Authorship; Ownership and Originality in the Age of Generative AI.
