Analyzing The Scope Of Copyright Protection For AI Generated Works: Juxtaposing The Advantages And Disadvantages Of Providing Authorship Rights To A Non-Living Entity From A Juristic And Philosophical Viewpoint
Aruna Bopche, Student of B.A.LL.B.(Hons.) of National University of Study and Research in Law, Ranchi (NUSRL)
ABSTRACT
Copyright protection for an AI generated work has been a hotly debated issue in the history of IPR. With a rapid boom seen in the technology sector, the area of AI and Machine-Learning are growing expeditiously. AI is now capable of dealing with complex creations which are both original and creative of its own kind. Now, AI has started posing various challenges before the law makers which requires revision of laws to keep up with the technological advancements. Traditionally, authorship of copyright work is generally bestowed upon living beings only. Therefore, a major question still remains open-ended i.e. Are objects, software code or other assets created autonomously by a robot copyrightable? If so, how? who would own these IP rights? The producer? The user? Or, the robot itself?
Section 2(d) of Copyright Act, 1957 defines ‘author’ in context of various copyrightable work but does not make reference to legal personality of it. Such scenario requires change of legal provision to bring in clarity. This paper explores the topic from both positive and negative angle of a copyright protection for AI generated work. It further delves into the evolutionary and jurisprudential aspects to do a purposive interpretation of copyright laws.
Keywords: Artificial Intelligence, Author, Autonomous, Copyright, Non- Living entity.
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