Introduction

The fast growth of artificial intelligence (AI) technology has sparked a surge of innovation across several industries, including the creation of artistic works. We now, have apps, websites, and tools to create a new content without using as much effort as, the only requisite is to provide these tools with an old creation and fill in the AI with how you want this creation to be altered. Boom! You have your own very new creation. As AI systems get more advanced, they can now generate music, art, literature, and other forms of expression. This meeting of AI and creativity poses some twisting problems concerning intellectual property, copyright, and ownership of AI-generated creations. In this blog, we will look at the issues and opportunities in the domain of copyright, that arise when AI is used to make creative works, with a specific focus on current copyright battle in India.

Concepts to be accustomed to

1. Copyright: Copyright is a sort of intellectual property that safeguards the authorship of original works. It grants the copyright holder the only right to reproduce, distribute, modify, exhibit, and perform the work. Books, music, art, sculpture, films, and computer programs all fall under the purview of copyright protection.

2. Artificial Intelligence (AI): Artificial intelligence (AI) refers to a machine's capacity to replicate human intellect and do activities that would normally need human intelligence. Machine learning, natural language processing, computer vision, and robotics are all examples of AI technology.

3. Creative Work: Creative works of authorship that are fixed in a physical medium of expression are referred to as creative works. This encompasses a wide range of works, including: Works of literature, visual arts, music, dramatic pieces, audio recordings and works of architecture.

4. AI-generated: AI-generated content, also known as AI-created or AI-produced content, is content created by artificial intelligence (AI) algorithms, such as text, photos, audio, or code. These algorithms are trained on vast volumes of data and can learn to produce new material that is comparable to the training data. AI-generated content may be used for several objectives, including the development of creative content, new goods and services, the automation of processes, and the personalization of experiences.

5. Copyright Laws: Copyright laws are rules & regulations enacted to govern the copyright in professional scenario. In India, copyright has authority and effect primarily through the Copyright Act of 1957. Aside from this primary statute, several provisions in various laws in India touch on the notion of copyright, including The Indian Penal Code, 1860, The Information Technology Act, 2000, The Designs Act, 2000, The Semiconductor Integrated Circuits Layout-Design Act, 2000, and The Trade Marks Act, 1999.

Further moving towards the Challenges and Opportunities that AI garners as it steps into the domain of creative works under Copyright laws in India.

Challenges

1. Authorship and Ownership : Determining authorship and ownership of AI-generated creative works is one of the most difficult difficulties. The creator of a work is both its author and the first owner of copyright under classical copyright law. When AI is engaged, however, who should be acknowledged as the creator and owner? For example, should the programmer who created the AI algorithm be regarded the artist of an AI-generated picture or musical piece, or should the AI itself be recognized? This topic challenges established copyright law and necessitates new legal interpretations.

2. Originality and Creativity: In general, copyright law protects works that are original unique and the outcome of human creativity. Algorithms that learn from current data and generate new material based on patterns are frequently used to create AI-generated works. This raises concerns regarding the uniqueness and inventiveness of AI-generated creations.

Recent disagreements in India have focused on whether AI can generate unique works or just replicate existing stuff. This is especially true when AI is employed to create music, writing, or visual art. Courts must decide what constitutes originality in the context of AI-generated work.

3. Copyright Duration: Another difficulty in the context of AI-generated works is copyright term. Copyright protection normally lasts for the author's life plus 60 years as per Section 22 of the Copyright Act, 1957 . However, there is no human author in the usual sense with AI. This raises concerns regarding the length of copyright for AI-generated works.

Recent debates have revealed that certain AI-generated works may have copyrights that live longer than typical human-authored works, because there is no human author whose life dictates the duration. This discrepancy in copyright length presents a difficulty to politicians and legal professionals.

Opportunities

1. Novelty in Creation: Artificial intelligence (AI) offers an exciting prospect for the creation of whole new kinds of art and literature. AI can use current data and generate surprising and original stuff. In this regard, AI has the potential to push the frontiers of creativity and provide fresh chances for artists and innovators. Recent copyright conflicts in India have demonstrated AI's potential as a creative inspiration tool rather than a replacement for human innovation. This viewpoint accepts AI as a partner in the creative process, providing human authors and artists with new insights and ideas.

2. Increased Copyright Protection : While AI poses issues for copyright, it also has the potential to strengthen copyright protection. AI may be used to monitor and enforce intellectual property rights by detecting instances of infringement and piracy. Copyright holders may utilize AI-powered content identification systems to detect and respond to unlawful usage of their works. In current copyright difficulties in India, AI has been used to detect copyright infringement in digital material. Copyright holders can better defend their rights in the digital era thanks to this technology.

3. Collaborative Creativity: Artists and authors may utilize AI to produce ideas, broaden their creative perspectives, and accelerate the creative process. This collaborative approach between humans and AI has the potential to produce unique and engaging creations.

[Image Sources : Shutterstock]

Recent Copyright Disputes in India

Anil Kapoor v. Simply Life India & Ors. : In this case, actor Anil Kapoor sued Simply Life India for using generative AI methods without his authorization to depict him in fake scenarios. Simply Life India was handed an injunction by the Delhi High Court, which stated that employing artificial intelligence to produce such content violated Kapoor's personality rights. This case emphasizes the importance of privacy and publicity rights in the context of AI-generated content.

Ankit Sahni v. Copyright Office : In this instance, Ankit Sahni, the designer of the AI system RAGHAV, tried to register RAGHAV as the sole author of an artwork. The Copyright Office approved the registration at first, but subsequently withdrew it, citing the Copyright Act of 1957, which specifies that AI systems cannot be considered writers. This case exemplifies the current dispute about artificial intelligence authorship and intellectual property rights.

Mattel, Inc. v. Jayant Agarwalla : In this case, Mattel, the owner of the Barbie brand, sued Jayant Agarwalla for making and selling AI-generated pictures of Barbie dolls. The Delhi High Court granted Agarwalla an injunction, finding that his use of artificial intelligence to create and sell Barbie images infringed Mattel's trademark rights. This case highlights the potential for artificial intelligence to generate illegal content, as well as the need of trademark owners safeguarding their rights in the digital realm.

Conclusion

The harmony between copyright and AI is a must for the future given the rise in AI technology and morality of the copyright ownership. The concerns and opportunities in the context of AI-generated creative works are complex and evolving. While AI poses issues with authorship, originality, and the concept of copyright, it also opens the door to new sorts of invention, increased protection, and collaborative creation. Recent copyright battles in India highlight these issues and set important precedents for future legal interpretations and policy development.

The relationship between copyright and AI-generated works will continue to be an essential and rising component of intellectual property law as AI technology improves. Balancing the rights of creators, whether human or artificial intelligence, while encouraging innovation and creativity will be a big challenge for policymakers and legal professionals in India and throughout the world.

Author : Ayush Mishra, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

References

1. The Copyright Act, 1957

2. The Information Technology Act, 2000

3. Anil Kapoor v. Simply Life India & Ors, (2023).

4. Ankit Sahni v. Copyright Office, (2021).

5. Mattel, Inc. v. Jayant Agarwalla, (2008).