INTERPLAY BETWEEN ARTIFICIAL INTELLIGENCE AND THE COPYRIGHT LAW IN INDIA: ISSUES AND CHALLENGES

Abstract

The globe over, people are fascinated by the subject of artificial intelligence. The main goals of AI are to enhance human potential, encourage creativity, and lessen the need for human labor. The intelligence of computers or software, as opposed to the intellect of people or animals, is known as artificial intelligence (AI). Additionally, computer science research in this area focuses on creating and studying intelligent devices. The term "AI" may also apply to the actual devices. Technology has long been used by artists to aid and enrich their creative process; since the 1970s, machines have been used as tools or catalysts. Up until now, only humans have controlled the creative realm. Even works produced with computers relied heavily on human input, therefore the human was still considered the creator and owner of the work, even with the assistance of a machine. With the advancement of technology, this method has persisted and even become more effective, enabling it to generate creative works on its own without the need for human intervention. And there arises the concerns that can create potential impact on the society.

The term "copyright" refers to the legal privilege granted to the rightful creator and owner of a creative work, allowing them to fully profit from it and preventing unfair usage by third parties. Regarding the possibility of copyrighting AI-generated content, current copyright regulations state that the creator is the first owner of copyright in a work. The 1957 Copyright Act of India does not expressly mention AI-generated works or acknowledge AI as an author. One of the major issues to be discussed is what will be the status of the AI generated content, who will own it and how will it be protected. Thus, this paper attempts to discuss and analyze the role of AI in the field of creativity posing challenges on the current copyright law in India.