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Copyright Challenges With Regard To Brain- Computer Interface




Ananya, SASTRA Deemed To Be University

Yogashree, SASTRA Deemed To Be University


ABSTRACT


Neuralink and other brain-computer interfaces (BCIs) convert raw neural activity into artistic works, which raises basic copyright questions. BCIs are not only able to navigate the neural signals of a user's mental activity but they convert this neural input into drivable, tangible and artistic work, such as text, music, or digital art. When creative works are generated via the BCI, copyright issues arise as to who can lay claim to be the rightful copyright holder of this work that has been produced with a BCI - the individual that provided the neural input, the person that produced the interacting algorithms, the person that produced the hardware and software or some combination of the two or more individuals. This study aims to elucidate the question of who should be determined the rightful copyright owner of BCI- produced works and to bridge the gap between the complex realm of neurotechnology and principles of copyright for the purpose of future legal and technological considerations using a doctrinal framework. The research monitors copyright across jurisdictions including the US, UK and focuses specifically on copyright in India in which a strong base connects with multi- party copyright allocations. The outcome of the research will consider published legal reform and legislative reforms to embrace these new hybrid forms of creative production and propose models for equitable ownership among users and creators which takes into account the responsibilities of both, users and creators. As human-machine mediation defines the future of creative expression, this research argues that there is merit in striking a balance between the rights of developers and user agency, while advancing the conversation around intellectual property in an era of neurotechnology.


Keywords: Neuralink, Brain- Computer Interface, Copyright, Multi-party ownership, neurotechnology



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.

 

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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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