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Comparative Legal Perspectives On Copyright Protection For AI-Assisted Content

Updated: Sep 1

 



Agnes Amala Anitha T, Assistant Professor of Law, School of Law for Women, Dhanalakshmi Srinivasan University, Perambalur – 621212

Reshma Ranjith, Assistant Professor of Law, School of Law for Women, Dhanalakshmi Srinivasan University, Perambalur - 621212


ABSTRACT


The rapid evolution of Artificial has transformed the creative landscape, raising unprecedented legal challenges for copyright law. Traditionally, copyright frameworks have been grounded in human authorship, recognizing creativity as an exclusively human endeavour. However, the emergence of AI-assisted tools capable of generating literary, artistic, musical, and digital content has blurred the line between human and machine creativity. This paper examines comparative legal perspectives on copyright protection for AI-assisted works, highlighting historical developments, global approaches, legislative responses, and judicial interpretations across multiple jurisdictions. While the United States maintains a strict human-centered stance, excluding AI-generated content, the European Union emphasizes liability and substantial human involvement, and China has taken a more progressive approach, extending protection where human contribution is evident. India, in contrast, lags behind with inconsistent recognition of AI’s role and no explicit legal framework. International treaties such as the Berne Convention, TRIPS, and WIPO initiatives remain limited in addressing AI-specific concerns, leaving ambiguity in authorship, ownership, and liability. The findings reveal that the absence of clear, harmonized global standards creates uncertainty for creators, developers, and industries reliant on AI technologies. This paper argues for the urgent need to reform copyright laws to balance innovation with protection of human creators, while preventing monopolization of intellectual property by corporations through AI. Recommendations emphasize the adoption of transparent data practices, international cooperation, and safeguards to preserve human creativity. Ultimately, a balanced and globally coordinated framework is essential to ensure AI-assisted creativity thrives alongside traditional copyright principles.


Keywords: Artificial Intelligence, Copyright Law, Authorship and Ownership, Comparative Legal Analysis, Intellectual Property Rights (IPR)




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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Licensing: 

 

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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