Rethinking Authorship In The Age Of Artificial Intelligence: A Comparative Analysis Of Copyright Law In India, The United States, And The European Union
Kartavi Kansara, CVM University
ABSTRACT
The rapid advancement of artificial intelligence, particularly generative AI, has disrupted traditional copyright law by challenging the foundational concept of authorship. This paper examines how existing legal frameworks in India, the United States, and the European Union address the question of authorship in the context of AI-generated works. It distinguishes between AI-assisted and fully autonomous AI-generated creations, highlighting the varying degrees of human involvement and their implications for copyright protection.
Adopting a doctrinal and comparative approach, the study analyzes statutory provisions, judicial decisions, and policy guidelines across the three jurisdictions. It finds that while India offers a flexible but ambiguous attribution model, the United States maintains a strict human authorship requirement, and the European Union adopts a moderately flexible yet uncertain standard based on the “author’s own intellectual creation.” Despite these differences, all three systems remain rooted in human-centric notions of creativity and struggle to accommodate works generated with minimal or no human input.
The paper identifies key legal challenges, including lack of uniformity, over- reliance on human authorship, inadequacy in addressing fully autonomous AI, and uncertainty in ownership and enforcement. In response, it argues for a rethinking of traditional authorship concepts and explores potential reform models, including modification of existing doctrines, introduction of sui generis protection, and adoption of hybrid frameworks based on degrees of human involvement.
The study concludes that without timely and balanced reform, copyright law risks becoming increasingly disconnected from technological realities. A more adaptive and coherent legal framework is essential to ensure that the law continues to promote creativity, innovation, and legal certainty in the age of artificial intelligence.
Keywords: Artificial Intelligence (AI); AI-Generated Works; Copyright Law; Authorship; Human Authorship Doctrine; Originality; Comparative Law; India; United States; European Union; Generative AI; Intellectual Property Law.
