Originality And Authorship In AI Generated Works: A Comparative Study Of Human Creative Control In Copyright Law
Neelansh Rao
CHAPTER 1
Introduction
Artificial Intelligence (AI) as conceptualised by A.M. Turing can be defined as computational systems, which can perform tasks, which are related to human intelligence. The recent development of generative AI systems, including large language models that are capable of producing essays, poems, and legal drafts, as well as image-generation systems that can create original works by textual prompts, has considerably transformed the creative production by making the production of expressive content possible with minimal human input. As opposed to the traditional tools which only support human creativity, these systems can dictate aspects of expression like structure, style and composition and, therefore, obscure the line between tool and creator. This shift has created a focused doctrinal challenge within copyright law which has traditionally relied on the human intellectual authorship. Specifically, it requires a close consideration of whether these AI-created works are able to meet the originality requirement, how its authorship is to be assigned when there is an indirect or minimal human contribution, and how current legal frameworks could maintain its human-based principles in the context where creative mediated by technology. The key question of this research is not how AI is used in the creative process, but how far even meaningful human creative control can be traced in the end product.
