Issues of authorship and ownership in work created by artificial intelligence -Indian copyright law perspective

Naithani, Paarth (2022) Issues of authorship and ownership in work created by artificial intelligence -Indian copyright law perspective. NTUT Journal of Intellectual Property Law and Management, 11 (1). pp. 1-12. ISSN 2226-6771

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Abstract

The fact that Artificial Intelligence (AI) is creating literary, artistic, and musical work raises important questions concerning copyrightability and authorship and ownership of such work under Copyright Law. A question that arises is whether AI can be considered the author and owner of work? Further, as per the Copyright Act, 1957, the “author means... in relation to... work which is computergenerated, the person who causes the work to be created”. Thus, who should be considered to have caused work to be created when work is created by AI? Alternatively, can it be said that no person has caused the work to be created? This paper answers these questions from the perspective of Indian Copyright Law and copyright law justifications, while briefly looking at the position in other jurisdictions such as the US and UK. It also provides possible solutions to the issue of authorship and ownership in work created by AI which include - the work entering into the public domain, compulsory licenses being sought to make use of the work, recognition of limited personhood for AI, joint authorship for the persons involved or recognizing a sui generis right in work created by AI.

Item Type: Article
Keywords: Artificial Intelligence | Copyright Law | Ownership |Computer-generated work | Copyright Act | 1957
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 09 Sep 2022 10:46
Last Modified: 15 Aug 2023 05:45
Official URL: https://iip.ntut.edu.tw/var/file/92/1092/img/Vol11...
URI: https://pure.jgu.edu.in/id/eprint/4479

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