Authorship, Ownership And Fair Use In The Age Of Generative AI: A Critical Analysis Of Human Authorship And Training Data Use
- IJLLR Journal
- Mar 23
- 1 min read
Aditi Pandey, Amity University, Lucknow Ms. Sukriti Yadav, Amity University, Lucknow
ABSTRACT
Traditional ideas of creativity and authorship in copyright law have been severely upended by the quick development of generative AI technologies like ChatGPT and Midjourney. The fundamental ideas that underpin copyright protection are called into question by these tools, which can generate text, images, and other creative outputs with little assistance from humans. The identification of the "author," the determination of ownership rights over AI-generated works, and the legitimacy of using enormous volumes of copyrighted material as training data have all become crucial legal issues as a result of this progress.
In the framework of generative AI, this paper critically investigates the relationship between authorship, ownership, and fair use. It investigates whether current legal frameworks recognise users who offer hints, developers who create AI systems, or the systems themselves as authors. It also assesses conflicting ownership claims and the effects of platform-based contracts. The study's main focus is on the contentious usage of copyrighted works in AI model training and whether or not fair use or fair dealing rules allow for such use.
The paper argues that existing copyright frameworks are inadequate to address the complexities introduced by generative AI, as they remain rooted in human authorship and fail to effectively regulate large-scale data extraction practices. In order to achieve a balanced approach between technological innovation and the preservation of creators' rights, it finishes by highlighting the necessity of reevaluating copyright concepts.
Keywords: AI-Generated Works; Authorship; Copyright Law; Ownership Rights; Fair Use; Fair Dealing; Training Data; Artificial Intelligence and Law; Human Authorship Requirement; Data Scraping; Intellectual Property Rights.
