Generative AI And Copyright Law: A Comparative Analysis Of Indian And International Frameworks
- IJLLR Journal
- Apr 29
- 1 min read
Prashant Shukla, LLM (Business Law), Amity University, Lucknow
Dr. Mudra Singh, Amity University, Lucknow
ABSTRACT
The rapid advancement of generative artificial intelligence (AI) has reshaped the landscape of copyright law, raising complex legal and ethical questions regarding ownership, authorship, and infringement. Traditional copyright frameworks, designed for human creators, struggle to accommodate AI- generated works, leading to a legal gray area. Central to this debate is whether AI-generated content qualifies for copyright protection and, if so, who holds the rights—the AI developer, the user prompting the AI, or neither. Courts and legislatures worldwide grapple with these challenges, often arriving at divergent conclusions.
Moreover, generative AI complicates enforcement mechanisms by enabling mass production of derivative works, potentially infringing upon existing copyrights while blurring the lines between inspiration and reproduction. Rights holders face difficulties in identifying and mitigating AI-driven infringement, necessitating adaptive regulatory frameworks and technological safeguards.
Jurisdictions have responded differently, with some considering new legal paradigms, such as sui generis rights for AI-generated content or revising existing doctrines like fair use and transformative works. The European Union’s Digital Services Act and the United States’ evolving stance on AI- authored works exemplify such attempts.
This paper explores the intersection of digital copyright and generative AI, critically analyzing current legal responses, potential policy reforms, and the need for a harmonized global approach. As AI continues to challenge fundamental copyright principles, a balanced regulatory framework must ensure both innovation and the protection of creative rights, fostering legal certainty in an increasingly AI-driven digital economy.
