Copyright(-Ing) Artificially Intelligent Content: A Copy Or Right?
Divyansh Rana & Parul Bhalla, Himachal Pradesh National Law University, Shimla.
ABSTRACT
The advancement of generative Artificial Intelligence at an exponential rate has transformed the creative landscape which raises legal-ethical concerns over authorship of work and awarding legal persona to the Artificially Intelligent Models. The paper examines the evolving relation between two diametrically opposite dimensions of Intellectual Property and Artificially produced content, particularly in terms of authorship, ownership, and infringement. Even though AI lacks legal persona, its capacity to replicate literary and artistic expression has sparked controversy over its ability to infringe copyrights. The debate has also brought within its ambit the responsibility of the persons who put prompts on the generative model. Beyond issues of Intellectual Property Rights, the paper explores questions of privacy and processes of data collection without knowledge or consent. It further delves into the impact of generative AI on human creativity and reproduction rights. A comparative analysis of multiple countries shows that there still does not exist a comprehensive legal framework to deal with such modern-day problems. There exists a clear-cut need for the development of legislation, standards, and greater international cooperation to strike a balance between encouraging technological innovation and safeguarding human creativity.
Keywords: Copyright, Artificial Intelligence, Legal Fiction, AI Generated Content, Intellectual Property.
