When Algorithms Compose – AI-Generated Music And The Crisis Of Copyright Protection In India

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Ayush Kumar & Manasi Bhardwaj, BA LLB, University School of Law and Legal Studies, GGS Indraprastha University, New Delhi.

ABSTRACT

The rapid proliferation of generative artificial intelligence (GenAI) in the music industry poses an unprecedented threat to the foundational tenets of copyright law and the livelihoods of creators in India. This article examines the multi-faceted crisis emerging from AI-generated music, which mechanically restructures copyrighted datasets without authorization, constituting systemic infringement under Section 51 of the Indian Copyright Act, 1957. It explores how sophisticated voice-cloning technologies erode performers' rights (Sections 38, 38A, and 38B) by misappropriating an artist’s identity without consent, highlighted by recent judicial interventions like Arijit Singh v. Codible Ventures. Furthermore, the paper analyzes the "authorship vacuum," arguing that AI-generated outputs fail the legal "Modicum of Creativity" test established in EBC v. D.B. Modak and should not be granted copyright ownership. Ultimately, the article advocates for urgent legislative reforms to exclude AI from authorship, mandate licensing for training datasets, and preserve human creativity within an increasingly automated economy.

Keywords: Originality, Voice Cloning, Copyright Infringement, Creativity, Authorship, AI-Generated Music, Performers’ Rights, Musicians.

819. WHEN ALGORITHMS COMPOSE – AI-GENERATED MUSIC AND THE CRISIS OF COPYRIGHT PROTECTION I

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