Artificial Intelligence And Copyright Conundrum

Authors: Puneet Sharma, Dr. Alaknanda Rajawat

Abstract: Artificial intelligence is widely acknowledged to be one of the most dramatic technological advancements, which has the potential to be a creator of the world as well as a destroyer. Artificial Intelligence is already infiltrating and having a ripple effect in every strata of society. Things are becoming complex with the use of artificial intelligence by artists for creative works, having afflicting implications for Intellectual Property law. Artificial intelligence can instantly compose music, write blogs, novels, and poetry, and generate paintings and drawings by learning from subsisting work. AI has made it impossible to distinguish between artwork created by humans and one by computer with or without human intervention, raising the question of whether work by AI should be copyright protected; if yes, how? The authorship of computer-generated works was not contested before because the computer program was merely a tool that helped along the creative process; however, with the advent of Artificial intelligence, a computer program is no longer just a tool but stimulates human intelligence to create artistic work by drawing from the already existing database, begging the question of how IPR laws are to be applied to such creative work. This paper assesses the implications of using AI to create works and the potential infringement of existing copyrights. It further attempts to address the issue of the authorship of such AI- generated works and who will have a rightful claim to it. After a comparative analysis of the legal framework of different countries pertaining to AI-generated works, this paper envisages granting authorship to AI in the Indian legal framework.

DOI: http://doi.org/10.5281/zenodo.20487941