Naithani, Paarth (2025) The Case for Copyright Protection in ChatGPT Output. Journal of Intellectual Property Rights. ISSN 0971-7544
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Abstract
Should the user who prompts ChatGPT have a copyright over its output? This paper makes a case for copyright over the output of AI. The paper discusses the requirements of India’s copyright law to suggest how they can be interpreted to support this stance. The paper considers the requirements of originality, fixation, and authorship. The paper then discusses the issue in the context of the functions of copyright. It assesses the issue from the perspectives of the incentive theory,labour theory, personality theory, and market dynamics. The paper discusses other factors, such as the problem of proof and moral rights. The paper also makes the case against not granting copyright in the output of AI. In sum, the paper discusses why copyright must be granted over ChatGPT output and its use.
| Item Type: | Article |
|---|---|
| Keywords: | Large language models | ChatGPT | Copyright | User | Copyright Theories |
| Subjects: | Social Sciences and humanities > Arts and Humanities > Arts and Humanities (General) Social Sciences and humanities > Arts and Humanities > History and Philosophy of Science Physical, Life and Health Sciences > Computer Science |
| JGU School/Centre: | Jindal Global Law School |
| Depositing User: | Mr. Gautam Kumar |
| Date Deposited: | 17 Dec 2025 12:44 |
| Last Modified: | 17 Dec 2025 12:44 |
| Official URL: | https://doi.org/10.56042/jipr.v30i6.16180 |
| URI: | https://pure.jgu.edu.in/id/eprint/10510 |
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