Regulating Creativity: Legal Challenges In AI- Generated Works And Human Authorship
- IJLLR Journal
- Jun 12
- 1 min read
Shruthika. S, B.A. LL.B. (Hons.), Tamil Nadu National Law University, Tamil Nadu
ABSTRACT
Generative Artificial Intelligence is no longer a mere futuristic premise but has currently started to impact the generation, consumption, and safeguarding of intellectual property. AI-generated paintings, poems, or music, even an AI-drafted contract, act to further blur the distinction of an author between the human and the machine. Still, existing laws are tied to anthropocentric views of creativity. This article presents an interesting study of the emerging friction between copyright law and AI-generated content and asks a very pertinent question: Can a machine be legally recognized as an author?
The Article explores the response of various legal systems to AI-generated works with a special focus on the Indian Copyright Act while bringing into the conversation the Thaler cases in the UK and the US. It highlights the uncertainty prevailing with regard to ownership, attribution, and liability, creating a regulatory vacuum that may either detract from innovation or promote misuse.
From a reflective and prospective viewpoint, this article implores legal intelligentsia, policymakers, and creators to reconsider the concept of authorship for the digital age. It proposes a hybrid legal system that will take greater value of human input and the recognition of machines' creativity. The advancement of generative AI goes hand in hand with the evolution of our understanding of originality, protection, and liabilities.
Keywords: Generative AI, Copyright, Intellectual Property, Authorship, Indian Copyright Act, Thaler v. Commissioner, AI Regulation, Legal Framework, Artificial Creativity, Liability.
