The paper provides possible solutions to the issue of authorship and ownership in work created by AI.
Authors:
Paarth Naithani, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary:
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 computer generated, 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 int o 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.
Published In: NTUT Journal of Intellectual Property Law and Management
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