Authorship In The Age Of Artificial Intelligence: A Critical Analysis Of Copyright Protection For AI-Generated Works
- IJLLR Journal
- 2 hours ago
- 2 min read
Maibram Lisa Devi, LLM, Faculty of Law, University of Delhi.
ABSTRACT
The fast-paced development of artificial intelligence (AI), especially the advancements in generative AI technologies, has led to major disruptions in conventional copyright laws owing to the challenge posed to their fundamental principles of authorship. Traditionally, copyright laws have been based on the assumption of human creativity, originality, and intellectual input in making the works legally protectable. However, the advent of fully autonomous AI-generated works, which are created without much or any human input, raises a plethora of legal issues regarding authorship, ownership, originality, and extent of copyright protection.
This study will examine the applicability and viability of traditional copyright laws in protecting AI-generated works. While conducting a comprehensive comparative analysis of copyright laws in various countries, the focus will be laid on the applicability of copyright laws in India, the Indian copyright regime, specifically. The aim is to analyze the constraints associated with the current doctrinal approach adopted by copyright laws, which continues to rely on the concept of human authorship and excludes full-fledged AI-generated output. It is contended in the paper that the current laws and regulations governing copyright issues are not adequate enough to tackle all the issues related to the application of AI technologies. To counter such problems, a middle ground approach has been suggested which would consider "significant human input" as the criterion for deciding on issues related to authorship and copyright. Thus, under this system, only those literary works created with significant human input can be accorded the protection of copyright whereas any literary creation made entirely without the involvement of humans would fall in the public domain category.
This sort of approach would ensure that technological advancement and innovation are encouraged along with the preservation of the basic concepts of copyright laws.
