Can Artificial Intelligence Be An Author? An Analysis Of The Indian Copyright Act, 1957
- IJLLR Journal
- 4 days ago
- 1 min read
Anvesha Saxena, Bharati Vidyapeeth New Law College
ABSTRACT
The emergence of generative Artificial Intelligence (AI) has transformed the traditional understanding of creativity, authorship, and ownership within copyright law. AI systems are now capable of independently producing literary works, music, paintings, software code, and cinematic content with minimal human intervention. This technological advancement raises a fundamental legal question: can Artificial Intelligence be recognized as an “author” under the purview of the Indian Copyright Act, 1957? Indian copyright jurisprudence has historically been premised on human creativity and intellectual labor. However, the increasing autonomy of AI systems challenges the anthropocentric foundations of copyright law.
This article examines the concept of authorship under the Indian Copyright Act, 1957 and critically evaluates whether AI-generated works can receive copyright protection in India. The article analyzes statutory provisions such as Sections 2(d), 13, and 17 of the Act, judicial interpretations of originality, and the legal status of computer-generated works. It further undertakes a comparative analysis of approaches adopted in jurisdictions such as the United States, the United Kingdom, and the European Union. The article argues that existing Indian copyright law is insufficient to address fully autonomous AI-generated creations and highlights the need for legislative reform. It concludes by proposing a balanced framework that recognizes substantial human contribution while preventing monopolization of machine-generated content.
