Abstract

The emergence of Artificial Intelligence (AI) and the fact that is is generating literary, artistic, and musical work is giving rise to issues concerning copyrightability, authorship and ownership of such work under Copyright Law. One of the most important issues is pertaining to the question of whether AI can be acknowledged as both the author and owner of the work. As per the Copyright Act, 1957 in relation to work which is computer generated, ‘author’ means 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 provides responses to the aforesaid issues within the framework of Indian Copyright Law and the justifications provided by copyright laws. It also briefly examines the stance taken in other jurisdictions like the US and UK. Furthermore, it presents potential resolutions to the matter of authorship and ownership concerning AI-generated work. These solutions encompass various approaches, such as the work becoming part of the public domain, seeking compulsory licenses for utilizing the work, acknowledging limited personhood for AI, considering joint authorship involving individuals, or establishing a sui-generis right for work created by AI.

Key Words: Artificial Intelligence, Copyright, computer-generated work

Recommended Citation

K. Prakasha Nikhila, ‘Navigating the Complexities of Attribution in AI-Generated Works’ (2023) 1(1) OUJIPR, 99 accessed [date] Available at: https://ouipr.in/oujipr/vol1/iss1/6