Legal Uncertainties In The AI Era: Copyright Of AI-Generated Works In India

Surbhi Singh, lawyer at Delhi (D/7690/2022)

Swaraj Singh Rawat, IMS Unison University

ABSTRACT

This paper delves into the rising legal ambiguities and complexity that have emerged in the Indian copyright system due to the development of of artificial intelligence's (AI) and its capacity to produce autonomous works. The boundaries of copyright law, which is based on human creativity and authorship, are being challenged by AI as it makes great advancements in fields like software development, music, literature, and visual arts. This study seeks to clarify these ambiguities, examine India's current legal system, and suggest modifications that might be made to take into account the special characteristics of AI-generated works.

The paper focuses not only on the legal ramifications of works created by AI but also discusses whether or not these works should be covered by current copyright laws, and if so, how authorship and originality should be interpreted. Several authorship attribution approaches are also examined such as granting authorship to the user, the AI programmer, or by establishing a new class of rights.

In conclusion, the paper proposes specific recommendations for legislative reform in India. It advocates for a nuanced approach that neither stifles innovation nor unduly infringes upon the rights and interests of human creators. Suggestions include the introduction of a separate legal regime for AI-generated works or amending existing copyright laws to more explicitly address the role of AI.

This study adds to the important conversation on the relationship between AI, creativity, and the law particularly in the context of India. It seeks to give readers a thorough grasp of the current legal system, draw attention to the urgent need for legislative changes, and provide a road map for navigating the challenges posed by artificial intelligence (AI) to copyright law.

Keywords: Artificial Intelligence (AI), Intellectual Property Rights, Copyright Law, Author, Ownership.