Copyright serves to protect the original artistic expressions crafted by humans. However, when it comes to works generated by artificial intelligence, the primary legal challenge is identifying the rightful author. AI, being a non-human entity, is traditionally not eligible to hold copyrights. Therefore, the rights are often attributed to the human creator or the programmer responsible for designing the AI system.
As of now, most jurisdictions, including India, do not recognize AI as a legal entity capable of authorship. The rights typically belong to the human creator or the organization that developed the AI system. This lack of recognition poses challenges in assigning authorship and related rights for AI-generated works.
When AI independently generates works, it questions the traditional definitions of copyright, as there might be no direct human involvement in authorship. This situation requires careful legal scrutiny to determine how such works should be treated under existing copyright laws, often sparking debates about the originality of AI creations.
Under the Indian Copyright Act of 1957, an "author" must be a human or a legal person, thereby excluding AI from holding authorship rights. Consequently, creations by AI without human oversight are not currently recognized within the standard copyright framework.
Legal experts advocate for updates to intellectual property laws to address the unique challenges posed by AI-generated content. Proposed measures include the introduction of a new category for AI-generated works or revising existing definitions to provide some form of protection or recognition for creations stemming from AI systems.
While some jurisdictions have begun experimenting with acknowledging AI's contributions to creative works, there is no consistent approach globally. In regions like the U.S. and EU, current statutes and case law do not confer copyright protections on AI-generated works, reaffirming the necessity for human authorship.
The concept of fair use can apply to AI-generated works similarly to other creations, considering factors such as purpose, nature, and quantity used, especially in contexts like criticism, commentary, news reporting, teaching, or research. However, any transformative use by AI must still respect the rights of the original creators.
Understanding these aspects is crucial for navigating the complexities of copyright laws as they apply to the evolving technology of artificial intelligence.
Kutos : AI Assistant!
