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The Dilemma Of Artificial Intelligence Generated Works And Indian Copyright Law





Neeraja Seshadri, School of Law, Christ (Deemed to be University)


ABSTRACT


The discipline of artificial intelligence has evolved rapidly and revolutionized numerous facets of human life in the contemporary world since its inception in the 20th century. The rise of deep learning artificial intelligence has enabled machines to perform like humans without being precluded by the lack of a biological brain. Hence, artificial intelligence has permeated the arts, music, literary and cinematography industries, which rely upon human creativity and perceptions. Artificial intelligence generated works have become indistinguishable from human works and, in certain situations, are even of higher quality than creations and works by human beings. The Next Rembrandt, 'The Flow Machines' software developed by Sony Computer Science Laboratories Inc. to compose a song named 'Daddy's Car', an article titled 'The policeman's beard is half constructed' developed by artificial intelligence software Ractor, an artificial intelligence generated musical called 'Beyond the Fence' showcased in the London arts theatre, are a few instances of this phenomenon.


The creation of different kinds of works by artificial intelligence technologies has led to deliberations and discussions among legislators and academicians on various platforms, including the World Intellectual Property Organisation, as the traditional perceptions on which copyright law have been fundamentally placed are challenged. The lack of international instruments and subject-specific legislation to govern such works poses many conundrums, including questions about ownership rights, author status, moral and economic rights in a copyrighted work and liability issues in case of infringement of artificial intelligence generated works. This paper evaluates the implications of artificial intelligence on Indian copyright law.


Keywords: Artificial Intelligence, India, Copyright, Sui Generis System, Legal Personality.

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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