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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

AI-PRODUCED WORKS AND THE SUBJECT OF

COPYRIGHT - ITS LEGAL POSITION

Immidisetty Navya Raga Sravani & Kurella Venkat, BBA LLB, Alliance University,
Bangalore

ABSTRACT:

Artificial Intelligence is increasing and becoming high degree of complexity

and developing the original content with less efforts by human. This created
a lot on interesting issues in the world. The usage and role of Al is increasing
in various filed: this is creating a huge impact on our day to day lives. Al has
also created an impact on intellectual property rights as well Al has created
a lot of serious issue and situation pertaining to IP filed mostly in copyright
law. This article talks about the authorship of Al produced works and their
copyright issues. This paper discuss the legal position of Al generated works
in India.

Keywords: Copyright, Artificial Intelligence, Authorship, Originality,

Indian Legal system

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

Introduction:

Artificial intelligence (AI) is a developed technology that has grown throughout the world and
gives people better and more efficient ways to supply across many industries. By giving the
machine the ability to think for itself, Al intends to give the equipment a method to emulate
human nature in areas like problem-solving and critical thought. In this paper, we first reviewed
artificial intelligence generally, and then we talked about the current state of artificial
intelligence in the Indian judicial system.

Nowadays, machine learning has improved the output of Al applications. The IPR Act and its
application to AI-produced works is under issue. But, when Al started to create music and art,
it has eventually raised the issue of whether or not works created by writing codes are covered
by intellectual property law (copyright). What is the legal standing of Al under IPR law as Al
changes copyright law? What happens if Al creates software? The copyright and A.I. copyright
law gaps are created a scope to study the position Al generated works in India.

Research Problem:

The creation of works by artificial intelligence was seen throughout the world (AI). Complex
copyright issues are raised by the advancement of artificial intelligence towards technology
capable of independent creativity. In the realm of intellectual property rights, notably in the
area of copyright law, Al has offered severe problems and concerns. The current article covers
the value of Al in the creation of artistic, musical, poetic, and literary works, among other
things. In light of the non-human author, this research investigates whether AI-produced works
are qualified for copyright protection.

Research Questions:

1. Is it Possible for a Nonhuman Being to be an author?

2. Can the Al be granted copyright under copyright law?

Research Objectives:

1. To determine AI's Legal status and copyright?

2. To find whether a Non - Human entity can be an author?

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

3. To find out whether copyright vests in Al work?

4. Does Indian Copyright office give copyright protection to Al work?

Methodology:

The doctrinal design has been used to study the value of Al in the creation of artistic, musical,
poetic, and literary works, among other things. In light of the non-human author, this research
investigates whether AI-produced works are qualified for copyright protection, to solve the
research problem the sources used are case laws, articles, research papers and online legal
databases.

Scope and Limitation:

The focus of this study is limited to India IP regime of copyright mainly further research can
be conducted on comparing the Al challenges on copyright in both developed and developing
countries.

Literature Review:

1. Enrico Bonadio & Luke McDonough their research paper entitled "Artificial
intelligence as producer and consumer of copyright works: evaluating the
consequences of algorithmic creativity."

2. Kalin Hristov, research paper entitled as "Artificial Intelligence and the Copyright
Dilemma."

3. Avishek Chakraborty, research paper entitled as "Authorship of AI Generated Works

under the Copyright Act, 1957: An Analytical Study."

4. Sik Cheng Peng, "Artificial Intelligence and Copyright Act, 1957: An Analytical
Study."

Hypothesis:

We followed complex hypothesis, Al generated works doesn't have any legal personality and
copyright can't be vested in such works so there cannot be any protection to Al generated

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

works.

What is Artificial Intelligence?

The term "Artificial intelligence" was coined by John McCarthy in 19561. Yet, the issues with
how Al technologies are perceived do not preclude a discussion of the obstacles presented by
Al.

Since the concept of artificial intelligence came into the picture, the world's opinion is split
into 2 sets. One set of people believes that Ai can bring huge changes and increases the quality
of the life and other set believes Al will replace humans in all domains2

World Intellectual Property Organization has identifies the existence of Al into 3 categories
mainly, which includes expert systems, perception systems and natural language systems.
Expert systems deals with the filed that require high depth of knowledge like medical diagnosis
and it also includes creative works as well. Perception systems helps to perceive outside the
outside the world. The Natural language comphrends the meaning of the words

Al is becoming so capable to make the filings in the IPR regime, they are many examples like
self-taking monkey , where in that case it was clearly mentioned that work created by machines
are not registrable , it only attracts the concept of human Labour, in response to this case the
US copyright office amended definition of the authorship

Technological developments in the artificial intelligence has created technologies, which

generate the original content, which led to questions on ownership and infringement of the
works created by the Al in copyright law.

What is copyright protection?

One of the most significant aspects of intellectual property rights is copyright, which
safeguards any unpermitted use of an author's original work. The Copyright Act, 1957, which

1Fredy Sinchez Merino, "Artificial Intelligence and a New Cornerstone for Authorship", WIPO-WTO
Colloquium Papers, 2018, p. 28
2 Monika Shailesh ,Artificial Intelligence: Facets & Its Tussle with IPR (March
1,2023)
http://www.manupatrafast.in/NewsletterArchives/listing/SAIPTech%20Singh%2OAssociates/2018/Sep/IPR-
September-18.pdf

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

gives the author of an original work exclusive rights over it for his or her lifetime and the next
60 years, governs the majority of copyright regulations in India.

In India; the work must be original and must be fixed in a tangible medium to qualify for the
copyright protection under the copyright act, 1957. The concept of originality is interpreted
from the judicial pronouncements which includes use of sufficient judgement; skill& labour3

According to Section 17 of the Indian Copyright Act of 1957, the author or creator of the work,
who is the original owner of the copyright, is first in line to get this automatic copyright
protection.

The concept of Modicum of creativity came up in the case fiest publications which presses on
the concept of creativity apart from the skill and labour4 . India is signatory to the Berne
convention which state that as soon as the work is created the copyright subsists in the work,
registration is not mandatory, but it is always advisable to get registered.

AI's Legal status and Copyright:

The creator of Al is responsible for it. In particular, an AI's algorithms are created by a
programmer. It is suggested that current copyright legislation protects the description of these
algorithms as software. International conventions provide copyright protection for software as
they do for literary works.

Indeed, narrow Al, the sole sort of Al in existence right now, fits under this category of
protected activity. Due to AI's ongoing self-learning, the outcome is impossible to anticipate,
but this does not exclude determining the task or purpose of Al. In other words, the
consequence of Al is not the same as its function. A software engineer builds an Al framework
that translates the desired outputs' inputs. This "foundation" does not alter as you learn. As a
result, narrow Al qualifies as a computer Programme under EU legislation and is therefore
protected by copyright. Narrow Al is type that is currently existing and it doesn't have any
legal personality.

3 Sweat of the Brow doctrine; Walter v. lane [ 1900] AC 539

4 Modicum of creativity doctrine ; fiest publications Inc; V. Rural Telephone service co., 111 S.Ct.1281 (1991)

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

Locating Artificial Authors in the contemporary legal frameworks:

In context of work created by the machine and applications of provisions to bring the Al works
under the purview of the copyright law by examining.

Work made for hire is applicable to employer & employee arrangement. "The work made for
hire is; in case of work made for the employer, the employer is the owner of the work; until
and unless there is an agreement that the author (employee) will have the copyright."

Work made for hire can be generally applicable to allow the Al created works under the
copyright law. Developer/ licensee of Al can be deemed owners that can be transferred to a
legal person; so that the copyright will be vested in a legal person, this can be made through
amending the copyright law to make the modification.

Does Indian copyright office gives copyright protection to works created by AI?

The exclusive rights of the owner to perform or authorize the performance of certain acts (such
as the reproduction, publication, adaptation, and translation of a work, among others) with
respect to a work are referred to as "Copyright" under Section 14 of the Copyright Act of 1957.
Furthermore, according to Section 17 of the Act, the creator of the work shall be the original
owner of the copyright; but, if the work is produced as part of a contract for consideration and
at the employer's request, the employer is in this case the owner of the work.6

As we discuss work produced by Al, it's important to keep in mind that this work will depend
on the information that the software Programme gives the Al permission to explore, whether
in terms of content, parameters, or scope. Al requires programming in order to provide a result.
The construction within may be based on information that is either publically available or that
the Al is capable of exploring and analyzing.

5 Kalin Hristov, Aland the copyright dilemma,57 J.F. PIERCE CTR.INTELL.PROP.431 (2017)
6 Lucy Rana and Meril Mathew Joy, Artificial Intelligence and copyright- The Authorship, last visited on March
28 2023 https://ssrana.in/articles/artificial-intelligence-and-copyright-the-
authorship/?utmsource=mondaq&utmmedium=syndication&utm_term=Intellectual-
Property&utm content=articleoriginal&utm campaign=article

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

Section 2(d) of The Copyright Act, 1957 is one of the reasons why an Al is not granted a
copyright in India. The term "author" is defined in this section. The person must be a "author"
in order to be the proprietor of any copyrighted work.

As we previously explained, the Al is often not recognised as a legal person, hence this prevents
it from owning any works. "Author" is defined in Section 2(d) as the person who "causes the
creation of any literary, dramatic, musical, or aesthetic work, whether computer generated;"

We refer to section 13 of the Act which defines "works in which copyright subsists".

13. Works in which copyright subsists.- (1) Subject to the provisions of this section and the
other provisions of this Act, copyright shall subsist throughout India in the following classes
of works, that is to say,

(a) Original literary, dramatic, musical and artistic works;

(b) Cinematograph films; and

(c) Sound recording.

For an Al to claim authorship over copyright the work must be original and fixed in a tangible
medium, the work created by Al is mere collection there is no skill creativity, skill and labour
in it.

In light of the Supreme Court of India's ruling in Eastern Book Company & Ors v. D.B.
Modak & Anr. ((2008) 1 SCC 1)7, which stated that "In order to assert copyright over a
compilation, the author must have used skill and judgement to create the content, which need
not be creative in the sense of being new or original, but also must not have been the result of
just labour and resources. The author's derivative work must have some distinctive qualities
and characteristics." and every compilation or derivative work must, therefore, demonstrate
skill and judgement.

?Eastern Book Company & Ors v. D.B. Modak & Anr. ((2008) 1 SCC 1)

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

In case of Issue of Infringement, If Al generated work is considered and protected then who
will be liable for infringement, section 51 is clearly stating that copyright can only be infringed
by a person. So there is no proper legal status for the Al in India.

Can Copyright Vest in AI?

Copyright laws specifically aims to promote creativity and encourage people and it also
protects original worker of the creator from unauthorized usage. We all know that finding out
the author or owner is general but determining the author or owner for the Al generated works.
The copyright law can deal with Al generated works in 3ways

1. It can deny the protection to Al generated works

2. Can give authorship to Al generated works to Al itself

3. Can give authorship to program creators of the Al generated work

In copyright law; Joint authorship is given for the more than one author for a particular merged
work, now the question arises whether the copyright can be vested in the Al created work.
Generally the Al created work can be qualified to get the protection under copyright as it will
qualify the de-Minimis rule as stated in fiest publication'

Law could make a modification that allows joint authorship set up; where the copyright of the
works created by Al will vest with Al & Al user responsible for the output generated, this helps
to resolve the issue with whom the copyright vests for the Al generated work. As the most of
the works include a human guidance to generate the material by AI; so it develops the Al driven
material it requires collaboration with humans.

Is there any responsibility for breaches of copyright by AI?

As of now there are no laws, which holds Al system accountable for violating a copyright.
Generally a person will be liable for infringing the copyrighted work. If a person who created
Al will be accountable for nay copyright violations. If that person doesn't have any intention
do so; then it will be difficult to establish human accountability.

8 Fiest publications INC ; V. Rural Telephone service Co., 111 S.Ct. 1281 (1991)

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

In India, the NITI Aayog noted the need for a strong and enforceable intellectual property
regime in terms of Al that can allow authors to make money from and claim credit for their
work, and it recommended that a task force composed of individuals from the Ministry of
Corporate Affairs and the Department for Promotion of Industry and Internal Trade be set up
to examine and issue appropriate A national Al strategy and a cabinet note for its execution are
now being considered by the Indian government.9

Suggestions:

I make suggestion to bring a legislation or modifying the existing laws to bring the
identification of the Al works which details the position of Al and I also suggest to strongly
build restrictions to avoid using the content of authors by Al while generating work.

Conclusion:

Artificial Authorship is both boon and bane to the society; because it hampers the society on
the same line it also helps to do the works in less time and resolve many confusions as well. Al
created work ultimately leads to the enlightment of the public due to plethora of copyrightable
intellectual features. This concept has to be considered to advance the fundamental principles
of copyright law.

Many issues has made the system strong to identify the artificially produced works. I feel
someone need to hold the copyright than the work being going into the public domain like the
instance of monkey selfie case 10 .Along with these few strict guidelines has to be introduced to
avoid, Al taking the work of authors while it is generating the content; changes should be made
so that Al wont replicate the work of the authors.

So finally now the existing copyright law doesn't have any recognition for such kind of
technological advancement. To consider the Al generated works a legislation need to be made
or need to make modifications to the existing legislation to consider the convenience of vesting
copyright in Al machine and its programmer or use who generates the content as per his needs.

9The portal can be accessed at https://www.niti.gov.in/ , last accessed on March 20 ,2023

1 Andres Guadamuxz, Can the monkey selfie case teach us anything about copyright law? WIPO
Magazine,
https://www.wipo.int/wipomagazine/en/201801/article_0007.html

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Indian Journal of Law and Legal Research Volume V Issue 11 1ISSN: 2582-8878

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1. https://www.wto.org/english/tratope/tripse/colloquium-paperse/2018/chapter_13_

2018_e.pdf

2. https://www.wipo.int/wipomagazine/en/2017/05/article_0003.html

3. https://www.sciencepolicyjoumal.org/uploads/5/4/3/4/5434385/hristov_jspg_v16.pdf

4. http://www.manupatrafast.in/NewsletterArchives/listing/SAIPTech%20Singh%20Ass

ociates/2018/Sep/IPR-September-18.pdf

5. ipcouncil.com/application/files/6815/4876/6908/What is_artificial_intelligence_and_

why does it matter for Copyright.pdf

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