Impact Of AI-Generated Works On Indian Copyright Law – Authorship And Originality Challenges
- IJLLR Journal
- Sep 9
- 1 min read
Shantanu Dipak Jagtap, LL.M., Shivaji University Kolhapur
ABSTRACT
The rapid evolution of artificial intelligence (AI) poses unprecedented challenges for copyright law in India, particularly concerning authorship and originality. Indian copyright law, rooted in the Copyright Act, 1957, presumes human authorship and grants protection only to “original works” created by natural or juristic persons. While Section 2(d)(vi) recognizes “computer-generated works” by attributing authorship to “the person who causes the work to be created,” it was drafted decades before modern generative AI. This creates a legal vacuum for AI-generated works produced with minimal human intervention. The Indian originality standard, articulated in Eastern Book Company v. D.B. Modak, requires “skill and judgment” by the author — a test that purely machine-generated content may fail. AI-assisted works, by contrast, where human creative input remains significant, are more likely to satisfy both authorship and originality criteria. However, registration controversies, such as the Suryast case involving AI co-authorship, reveal the absence of coherent policy. International approaches vary — the UK recognizes the arranger of a computer-generated work, while U.S. law demands substantial human authorship. Indian policymakers face critical choices: whether to exclude AI-generated works from copyright entirely, adapt current definitions to include them, or create sui generis protections. This paper examines doctrinal gaps, evaluates comparative frameworks, and proposes legislative reforms, including clarifying authorship rules, introducing limited rights for AI-generated outputs, regulating training data usage, and issuing administrative guidance. Balancing innovation with creative protection will determine whether Indian copyright law can adapt to the realities of AI-driven creation without undermining its human-centered foundation.
