The Disintegration Of The Idea-Expression Dichotomy In The Age Of Generative AI: An Indian Perspective
- IJLLR Journal
- 2 days ago
- 1 min read
Manvi Khanduri, Delhi Metropolitan Education, affiliated to GGSIPU
Kerryn Pahuja, Delhi Metropolitan Education, affiliated to GGSIPU
ABSTRACT
Traditional copyright regimes are facing significant problems as creativity is being transformed by the emergence of generative artificial intelligence (AI). This disruption is centred on the idea-expression dichotomy, which separates abstract concepts that cannot be protected from expressions that can. AI’s capacity to identify patterns in existing works and produce new outputs is putting growing pressure on this principle. It raises a critical question: whether the works generated through algorithmic processes can be sufficiently regulated by copyright law, which is historically designed to reward human creativity. This study looks at the Indian legal system, examining how authorship, ownership, and infringement are affected by AI- generated material, which also raises concerns about fairness, consent, and the economic rights of original creators. It focuses on important cases like ANI v. OpenAI.
The study, by contrasting the EU’s legal framework, which includes transparency and opt-out methods for AI training, with the U.S. emphasis on human authorship and transformative application, situates India within the global debate. The report proposes specific changes to the Copyright Act of 1957, such as flexible fair use clauses, text and data mining exclusions, clarification of AI-assisted authorship, and sui generis protection for works created by AI. To address the breakdown of the idea-expression dichotomy and promote responsible AI-driven innovation, the study suggests that India has to implement a nuanced and adaptive legal framework.
Keywords: Copyright, Idea-Expression dichotomy, AI, framework, innovation, AI-driven innovation.
