Copyright Issues Raised By Generative Artificial Intelligence (GenAI)
- IJLLR Journal
- Apr 4
- 1 min read
Mahira Saraf, Vivekananda Institute of Professional Studies, Guru Gobind Singh Indraprastha University, New Delhi
ABSTRACT
This paper explores the intricate relationship between generative artificial intelligence (AI) and traditional AI, highlighting the unique capabilities of generative AI in creating novel content. It delves into the operational mechanisms of generative AI, its diverse applications across various sectors, and the consequent legal challenges, particularly concerning copyright ownership. Focusing on the Indian Copyright Act, 1957, and OpenAI's Terms of Use, the research examines the complexities of attributing authorship and ownership to AI-generated works. It analyses the "Skill and Judgment with flavour of creativity" test for originality and the implications of joint authorship, revealing the inadequacies of existing legal frameworks in addressing the nuances of AI-generated content. The paper concludes by emphasising the need for legal adaptation to accommodate the rapid advancement of generative AI, advocating for a balanced approach that fosters innovation while protecting creators' rights.
