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Challenges Of AI In Copyright Infringement




Jaideep Mertia, Amity University, Noida

Niharika Singh, Amity University, Noida


ABSTRACT


The rapid advancement of artificial intelligence (AI) has introduced transformative capabilities in content creation, leading to unprecedented challenges in the domain of copyright infringement. AI systems can autonomously generate artistic, literary, and scientific works, often utilizing vast datasets that may include copyrighted materials. This raises critical legal questions regarding authorship, ownership, and liability, as traditional copyright frameworks are often inadequate to address the complexities introduced by AI's autonomy and the blurred lines between human and machine creativity. Key issues include determining whether AI-generated works qualify for copyright protection in the absence of human intervention, identifying responsible parties for infringement—be it developers, users, or the AI systems themselves—and addressing the risks of unauthorized reproduction and adaptation during data training and content generation. Jurisdictions differ on whether AI-generated outputs are eligible for protection, with some, such as the United States, requiring human authorship as a prerequisite. Furthermore, the proliferation of AI challenges the enforcement of copyright, as distinguishing between human-made and AI-generated content becomes increasingly complex, complicating both infringement claims and statutory damages. As a result, there is a growing need for updated legal frameworks, fault-based liability models, and robust dispute resolution mechanisms to ensure accountability and balance innovation with the protection of creators' rights in the digital era.



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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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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