Copyright Law And India: The Deepfake Problem
- IJLLR Journal
- Jan 18
- 2 min read
Aayush Kaushik, B.B.A. LL.B. (Hons), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana
ABSTRACT
With the rapid development in technology and the advent of generative AI, there has been a contrast with the development of legislation. Intellectual Property Rights have always been a murky area of law, however, with the ever-growing disparity between technology and legislation, the hurdle of identifying what is real and what is fake is becoming difficult with each passing day. Since it is a new concept, there is a dire lack of literature and jurisprudence on the subject is still in its infancy.
The first part of the paper will analyze what deepfakes are and whether we need a separate law to regulate them. It will also go into the critical issue of ownership regarding such content, particularly whether it belongs to the creator of the deepfake or the individual whose likeness has been used. The second part will analyze how countries like the USA, which have been pioneers in the arena of IPR, are tackling the issue of regulation of deepfakes. It will also address whether there is a solution without the involvement of law that can help tackle this issue.
The third part of the paper will focus on how the European Union has approached this problem. The EU has had very stringent laws regarding the use of data and has always had a consumer-centric approach, hence its views on the regulation of deepfakes and the issue of who owns the content are crucial to the overarching debate regarding generative AI.
Lastly, the fourth part of the paper will analyze India’s standing in this whole scenario and what India can learn from the mistakes of other nations. It will see what Indian jurisprudence can borrow from these international models by molding it according to India’s requirements.
