Copyright Law And Artificial Intelligence: A Frontier In Intellectual Property Law

Deepansh Bhati, Law Centre II, University of Delhi

ABSTRACT

The emergence of Artificial Intelligence (AI) and generative AI tools, such as OpenAI's ChatGPT, has revolutionized the creation of creative works, raising significant questions regarding copyright assignment for AI- generated outputs. While the Copyright Act protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings, the term "originality" lacks a specific definition, leading to evolving judicial interpretations, especially with the advent of new technologies. The notion of 'original work' generally entails that the author has independently created the work with intellect, skill, and labor, though the creative work may sometimes be derived from a pre-existing work. However, mere reproduction of a previous work does not qualify for copyright protection. AI's ability to autonomously generate creative works has challenged traditional notions of authorship and copyright. While computer tools were previously considered mere aids to authors, the emergence of AI has blurred the lines. The Sweat of the Brow Test, a traditional approach to originality, emphasizes skill and labor over creativity. However, this test may not adequately address AI-generated works, where the true origin lies within the AI machinery. The Modicum of Creativity Test, adopted from the US, requires a minimal degree of intellectual creativity for copyright protection. This test was applied in Eastern Book Company & Others v. D.B. Modak & Anr., where the court rejected the Sweat of the Brow Test and adopted the Modicum of Creativity Test. Similarly, in Dr. Reckeweg and Co. Gmbh. and Anr. v. Adven Biotech Pvt. Ltd., the court rejected the Sweat of the Brow Test for a mere compilation of works. The Skills and Judgment Test, as formulated by the Supreme Court of Canada, requires the application of reasonable skill and judgment in creating the work, along with a minimum level of creativity. This approach represents a middle ground between the US and UK approaches to originality. In conclusion, while copyright law requires originality, the current tests for originality may not adequately address AI-generated works, where the origin is not the individual but the AI system. As such, legislators and courts must consider the intersection of AI and intellectual property laws to ensure fair and effective protection for all parties involved.

Keywords: Artificial Intelligence, Copyrights, Intellectual Property Rights