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Navigating The Nexus: Indian Copyright Law And The Ethical Challenges Of Generative Ai Advancements




Dr. Sunil Sudhakar Varnekar, Research Scholar, Alliance School of Law, Alliance University, Bangalore, Karnataka, India

Dr. Upankar Chutia, Associate Professor, Department of Law, Dayananda Sagar University, Bangalore, Karnataka, India


ABSTRACT


The spread of Artificial Intelligence (AI) to the creative sector has drastically changed the conventional perception of authorship and ownership, and originality, and causes an urgent question to be raised regarding the sufficient legal and judicial arrangements. This paper critically reviews the Indian Copyright Act, 1957 with regard to AI generated content and sources out the major loopholes and legal complexities that this law has. The Act envisioned protection of intellectual works of human authors, and therefore does not provide specific references to works made independently or member-ship of AI systems. This legislative loophole leaves uncertainty on how the authorship will be attributed, in whom the rights will vest, and how one can claim legal remedy in the event of infringement of the AI-generated work. In addition to the legal aspect, the paper explores ethical issues of AI- generated content. These are the questions regarding the authenticity and originality of AI-generated art, possible bias involved into the algorithms results, and the effects of the mass-scale content generation on the existence of human artists. Unregulated cardinality of the created material by AI and its consumption can also result in breaches of privacy, misinformation, and problems with holding people accountable. Thus, ethical aspects are the most important factor to influence responsible innovation within the AI-driven creativity sector. Going by the discussion, this paper makes specific suggestions to modify the Indian Copyright Act. These are the definition of the works created with the use of AI in the legal context, establishment of the rightful ownership, liability procedure, and introduction of transparency and ethical application rules. It was also recommended in the study that the multidisciplinary approach should be taken since the legal improvement should be coupled with the development of ethical principles and technological protective measures. By thus, it gives an effort to look into the problems of mitigating innovation on the one hand, and protecting the rights and values that are key to a just and fair creative system on the other. The research findings reveal that it is time India transforms its copyright regime

to be in line with the era of artificial intelligence.


Keywords: Indian Copyright Law, Ethical Challenges, Generative AI Contents



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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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.

 

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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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