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Copyright And Patent Issues Related To AI Generated Content

Updated: Nov 28, 2023




Lakshya Joon, Law Center 1, Delhi University

Nandika Joon, Law Center 1, Delhi University


ABSTRACT


The rise of artificial intelligence (AI) marks a new epoch in creativity and innovation, challenging established norms in intellectual property law. This scholarly investigation delves into the intricate interplay of copyright and patent issues within the realm of AI-generated content. As AI technologies advance, the complexities surrounding ownership, protection, and regulation of these works necessitate a nuanced comprehension of legal frameworks.


The paper initiates with an exploration of the fundamental principles governing AI-generated content in the domain of copyright law. Examining questions of authorship, it discerns between human and machine authorship, delving into the application of the "works for hire" doctrine. The discourse extends to the intricate concepts of originality and creativity in AI-generated works, scrutinizing their implications on copyright duration and the boundaries of fair use.


Shifting focus to patent law, the paper scrutinizes the patentability of AI- generated inventions, emphasizing challenges posed by the evolving nature of AI algorithms. The inquiry encompasses questions of patent eligibility and AI's role as an inventor, accompanied by an exploration of disclosure requirements and safeguarding AI-generated trade secrets.


Navigating the multifaceted challenges and controversies in this domain, the paper addresses ambiguities in AI ownership, the overlap of rights between copyright and patent, and international perspectives on AI and intellectual property. Ethical considerations inherent in AI-generated content are also examined, emphasizing the need for a harmonized approach that balances innovation with ethical standards.


Case studies featuring recent legal battles involving AI-generated content provide real-world insights into the complexities of the legal landscape. Analyzing implications and precedents set by these cases, the paper contributes to the ongoing discourse surrounding AI and intellectual property.


Anticipating future trends, the paper explores emerging AI technologies and their potential impact on intellectual property. The role of AI in IP enforcement and its repercussions on creative industries are contemplated, providing a forward-looking perspective on the evolving dynamics of AI-generated content.


In conclusion, the paper consolidates its findings, offering a synthesized understanding of the intricate relationship between copyright, patent law, and AI-generated content. It provides valuable insights for legal practitioners, policymakers, and scholars navigating the uncharted waters of intellectual property in the dynamic era of artificial intelligence.

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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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