Legal Personhood, Authorship And AI: A Comparative Study Of Copyright Treatment For AI-Generated And Human-AI Co-Authored Works
- IJLLR Journal
- Mar 31
- 1 min read
R Mahima, Presidency University, Bangalore
Durga, Presidency University, Bangalore
Introduction
The speed of Artificial Intelligence development has brought into question conventional ideas of authorship and copyright in all jurisdictions across the world. Many generative AI systems can now produce literature, art, music, and other creative work with only occasional human input, calling into question for the first time what (or who) should be considered creative originality’s author. With content generated by AI becoming more complex and commercially important, legal systems globally are struggling to address who should own content created through coordinated human-intelligence-machine processes.
This landscape is further confounded by the rise of human-AI co-creative production. In the case of a human artist, who has used an AI toolset like Midjourney, DALL-E or ChatGPT to create, it becomes important to ascertain the degree of creative contribution by the human being in order to establish copyright-ability and ownership. The threshold question,how much human intervention is sufficient to claim authorship, is not uniformly answered from country to country and even sometimes within individual legal regimes. This means that copyright offices and courts will now have to sort works into those in which humans exercise culturally meaningful creative control, or rather the lack thereof, and those that AI systems make autonomous expressive decisions.
