Technology And Digital Rights: Authorship Of AI-Generated Content, Copyright In The Metaverse, And Legal Protection Of Algorithms
Melisa Kagliwal, Presidency University, Bengaluru
Priyanshu Mehta, Presidency University, Bengaluru
ABSTRACT
Intellectual property law is now under pressure due to the fast development of such phenomena as machine learning, blockchain-based assets, artificial intelligence, and metaverse. Non-Fungible Tokens (NFTs), digital exhaustion, avatar branding and digital identity, copyright in the metaverse, copyrightability and authorship of AI-generated works, and protection of AI algorithms and machine learning models are discussed in this paper.
The question of human authorship and determining whether prompting, selection, organization, editing, or altering qualifies as an adequate human creative contribution receives particular attention. Moreover, the dichotomy of digital asset ownership and IP ownership of those assets is analysed throughout the article, in relation to NFTs and virtual goods particularly.
The approaches of different countries regarding human authorship, copyright exceptions, digital ownership, liability, and technological protection of IP are exemplified through the discussion of the policies of the US, EU, UK, and India. Emerging policies in relation to AI training, transparency, licensing, platform liability, and international enforcement of IP rights are also touched upon in this paper.
It provides arguments on how new technologies do not necessarily mean new intellectual property laws, but that the current framework needs to become more technologically sophisticated and clearly defined. The paper proposes certain measures and interpretative guidelines in terms of human authorship, AI training, licensing, transparency, digital assets, and algorithmic protection in India.
Finally, the paper promotes an adaptive and technology-neutral framework for intellectual property laws, which could find a balance between innovation, author protection, digital ownership, and accessibility.
Keywords: Artificial Intelligence; Copyright; Metaverse; Non-Fungible Tokens; Digital Identity; Intellectual Property
