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Generative AI And Copyright Under Indian Law




Jayant Bhardwaj, OP Jindal Global University


ABSTRACT:


The rise of artificial intelligence (AI) has called into question some of copyright law's most established presumptions. When machines write, paint, or produce music, the question of ownership of the works of art arises unavoidably. This study explores this topic using Indian copyright law as a paradigm. It examines the fundamental principles of the Copyright Act of 1957, namely originality, authorship, fixation, and fair dealing, and compares them to recent global legal cases like Authors Guild v. Google Inc. (2015) and Andy Warhol Foundation v. Goldsmith (2023). The study contends that, while the Indian copyright system continues to rely on human invention, it may change in tandem with technology innovations due to its malleable legislative language and public-interest-oriented jurisprudence. The study provides an interpretive framework that preserves human responsibility, acknowledges AI-supported creativity, and upholds the basic balance achieved in intellectual property law between access and protection.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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