Adv Prashant Mali, Ph.D. - Cyber and Privacy Lawyer
Page No: 564 to 578
ABSTRACT
The use of artificial intelligence (AI) in recent years has been largely associated with automated decision-making intended to make such process more effective and efficient. Artificial intelligence is now capable of generating and assisting in the production of original works of literary and artistic nature. For example, AI recreated Dutch painter Rembrandt van Rijn’s painting style accurately to create the Next Rembrandt which resembles the Rembrandt original, with the use of deep learning and facial recognition techniques.1 It is clear that while advancements in AI technology are happening at a lightning speed, law – especially copyright law in respect of AI-generated/assisted or Generative AI (GenAI) literary and artistic works, needs some catching up to do. There exists a ‘grey area’ in copyright law with regard to its application in respect of AI-generated works. At the outset, there exists a debate on whether AI-generated works could be afforded copyright protection in the first place, and whether they belong to the public domain or not. There are questions over the originality of AI-generated works, and their ownership and authorship. Copyright law’s emphasis on ‘human authorship’ further complicates the matter, because AI does not fall into the category of ‘person’ within the ambit of copyright law.
Hence, this paper aims to analyse the issues arising out of the application of copyright law on AI-generated works, in the Indian as well as international context – and suggest feasible solutions to resolve such issues.
Keywords: AI, artificial intelligence, copyright, technology
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