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ARTIFICIAL INTELLIGENCE AND COPYRIGHT



  May 09, 2024

ARTIFICIAL INTELLIGENCE AND COPYRIGHT



Q1: What does copyright protect in the context of AI-generated works?

A1: Copyright protects the original artistic expressions created by human beings. When it comes to AI-generated works, the primary legal challenge is determining authorship since AI, as a non-human entity, traditionally cannot hold copyrights. The rights often go to the human creator or the programmer who designed the AI.

Q2: Can AI be recognized as the author of a creative work?

A2: Currently, most jurisdictions, including India, do not recognize AI as a legal entity capable of holding copyright. Authorship and related rights are typically attributed to the human creator or the entity that created the AI system.

Q3: What are the implications of AI generating works without human guidance?

A3: When AI generates works independently, it challenges traditional notions of copyright since there's no human authorship. These scenarios require careful legal considerations to determine how such works should be treated under copyright laws, often leading to debates about whether AI can truly create original works.

Q4: How are AI-generated works handled under Indian copyright law?

A4: In India, the Copyright Act of 1957 requires an "author" to be a human or a legal person, thus excluding AI from holding authorship rights. Works created by AI without human intervention are not currently recognized under traditional copyright categories.

Q5: What legal changes are suggested to accommodate AI-generated works?

A5: Legal experts suggest that intellectual property laws need to be updated to address the challenges posed by AI-generated content. This might include creating a new category for AI-generated works or revising definitions to allow some form of protection or recognition for works created by AI systems.

Q6: Is there a precedent for AI-generated works receiving copyright protection?

A6: Some jurisdictions have started to experiment with recognizing the contributions of AI to creative works, but there is no uniform approach. For instance, in the U.S. and EU, current statutes and case law do not grant copyright to AI-generated works, emphasizing the requirement for human authorship.

Q7: How does fair use apply to AI-generated works?

A7: Fair use can apply to AI-generated works similarly to any other works, depending on the purpose, nature, and amount used, especially in contexts such as criticism, comment, news reporting, teaching, or research. However, the transformative use of copyrighted material by AI must still respect the original creator's rights.

Understanding these aspects helps in navigating the complexities of copyright laws as they apply to the evolving technology of artificial intelligence.


SRIRAM’s


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