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Abstract
The field of copyright law has been greatly impacted by the quick development of artificial intelligence (AI), particularly when it comes to creative works. In this essay, the ways that the US, UK, and India handle the difficulties presented by AI-generated material are compared. This study examines current legal frameworks, enforcement strategies, and jurisprudential developments using a doctrinal and comparative legal research technique. Finding gaps, evaluating opportunities, and making suggestions for a unified strategy that preserves creativity while promoting innovation are the goals.
Research Methodology
In his study, the researcher has mostly used the Doctrinal Method of research, which gathers information from both primary and secondary sources. This study has employed descriptive, comparative, and analytical writing styles. The researcher mostly used original sources, such as laws, rules, conventions, treaties, court rulings, and committee reports, as well as secondary sources, including books, articles, and commentary published in periodicals, magazines, journals, newspaper reviews, and websites.
Research Objective:
- To investigate how copyright rules in the US, UK, and India handle creative works produced by AI.
- To determine the main legal and policy obstacles to copyright enforcement for works produced by artificial intelligence.
- To assess prospects for innovation and legal reform in copyright regimes.
- To make suggestions for bringing copyright regulations into compliance with AI-generated material.
Scope and limitation:
This study excludes other areas of intellectual property, such patents and trademarks, and is restricted to the investigation of copyright law as it relates to creative works produced by artificial intelligence. Three jurisdictions are the subject of the study: the US, the UK, and India. The study is restricted to advancements made up until May 2025 because AI technology is constantly changing.
Introduction
The production of creative content has been completely transformed by artificial intelligence, which has brought up new legal issues regarding the ownership, protection, and authorship of works produced by AI. Conventional copyright laws, which are intended to safeguard human ingenuity, are being put to the test in hitherto unheard-of ways. There is still a great deal of uncertainty, even if some jurisdictions have started to address these issues. In order to comprehend how the legal systems of the US, UK, and India are adjusting to this new environment; this paper compares and contrasts them.
The field of artificial intelligence (AI), as we currently know it, is rather young. Although some of the foundation had already been established, AI really took off in the 1940s and 1950s with the invention of the modern computer. Researchers had the idea to create systems that could mimic some human talents because of these new electronic computers’ ability to store a lot of data and process it quickly.
“Computer-generated work” is produced using software tools that adhere to predetermined guidelines and regulations that the author has defined. These programs produce the forms, patterns, and textures that may be merged to make a finished product using mathematical formulae and algorithms.
Legal Frameworks
India: AI-generated content is not specifically covered by the Indian Copyright Act of 1957. The definition of an author in Section 2(d) as a human creator makes it difficult to accept AI as a legitimate author.
United States: Human authorship is emphasized by US copyright law, which is governed by the Copyright Act of 1976. The US Copyright Office has reiterated in recent instructions that works that do not contain human creative input are not protected.
United Kingdom: Section 9(3) of the UK Copyright, Designs and Patents Act 1988 contains a special clause that acknowledges computer-generated works and grants authorship to the individual who makes the required preparations.
Copyright protection is given to original works of authorship that are expressed tangibly under the Indian Copyright Act, which was passed in 1957. This comprises written, performed, musical, artistic, and moving image works. The Act does not, however, contain any restrictions relating to AI-generated material, which leaves the potential for ambiguity over who is the rightful owner of such content.
Finding the creator of the work is one of the main problems with AI-generated material. Can an AI system be regarded as the author if it creates a piece of art? Can the person who developed the AI system instead be regarded as the author? These inquiries are not addressed by the Copyright Act, leaving authorship up for interpretation.
Challenges in Enforcement
- Authorship and Ownership: Ambiguities about who holds the copyright AI, developer, or user create enforcement difficulties.
- Originality Threshold: Determining whether AI-generated works meet the originality criteria is complex.
- Liability Issues: Infringement liability is unclear when AI autonomously creates infringing content.
- Jurisdictional Inconsistencies: Disparities in national laws hinder cross-border enforcement and protection.
Recommendations
- Legal Recognition of AI-Created Works: To acknowledge AI-generated content with specified attribution guidelines, copyright laws should be amended.
- Introduce shared authoring frameworks that involve users, developers, or data producers through hybrid authorship models.
- International Harmonization: To solve cross-border issues, support international treaties or model legislation.
- Accountability and Ethical Guidelines: Support responsible content development and enforcement by putting ethical AI standards into practice.
- Creation of Regulatory Bodies: Create specialized regulatory organizations or tribunals to handle disagreements pertaining to artificial intelligence-generated content and interpret changing legislative requirements.
Conclusion
Machine learning and artificial intelligence are rapidly expanding phenomena that have captivated humanity for generations. The notion of artificial intelligence has been existing for far longer than the nomenclature suggests, as was demonstrated at the outset of this thesis. People throughout the world are still fascinated by the history of artificial intelligence, which dates back to the notions of ancient thinkers and extends all the way to the Dartmouth conference in 1956. While it’s arguable that science fiction has given the idea of AI exaggerated overtones, experts have largely been successful in calming popular anxiety.
The aim of this paper is to investigate the possibility of copyright protection for computer- generated work. Thus, the question of whether AI-generated material will genuinely meet the standard of originality required to qualify for copyright protection has been significantly influenced by the idea of originality. The idea of authorship and who should genuinely be the author of AI-generated work has been further examined in this thesis.
REFERENCE:
- Copyright Act, 1957 (India).
- US Copyright Act of 1976, 17 U.S.C. § 101 et seq.
- UK Copyright, Designs and Patents Act 1988.
- US Copyright Office. (2023). Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence.
- World Intellectual Property Organization (WIPO). (2023). WIPO Issues Paper on Intellectual Property Policy and Artificial Intelligence.
- Gervais, D. (2019). “The Machine As Author.” Iowa Law Review, 105(5), 2053–2093.
- Samuelson, P. (2021). “Regulating Copyright for Artificial Intelligence.” Columbia Journal of Law & the Arts, 44(2), 153–188.
- European Parliament. (2020). Intellectual Property Rights for the Development of Artificial Intelligence Technologies.
RAVI LAVANYA
A61021520057
AMITY UNIVERSITY MADHYA PRADESH, GWALIOR
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