DEVELOPMENT OF AI AND ISSUES PERTAINING TO COPYRIGHT- A CRITICAL STUDY
Author:
Divyaprashiktha.T.K
B.com LL.B(Hons) - 4thYear Mail Id:tkdiv100@gmail.com
Co-Author:
Vikashini.G.S
B.A LL.B(Hons) – 2ndYear
Mail Id:gsvikashini@gmail.com
University:
Tamilnadu Dr.Ambedkar Law University, School Of Excellence in Law¸Perungudi Campus, Chennai-600 113.
ABSTRACT
Artificial intelligence can be defined as one of the best gifts of science and technology to the mankind. These emerging technologies plays an important role in “revolutionizing the modern world”. Artificial intelligence has made life easy as it has been used and is still in use in different spheres of the evolving human life. Can AI be considered as a “legal person”? Currently, various countries including the UK and USA consider the fact that AI is still dependent on some amount of human input. The extensive usage of generative AI programs leaves us with the question of who, if anyone, may hold the copyright to content created using these programs, notwithstanding the fact that the AI's programmer as well as it's user, and the AI program itself all together play an important role in the creation of these works. One of the main reasons why it's very challenging to copyright AI- generated works is the vagueness in relation to human involvement and intentions and various other questions regarding ownership. There are chances of a model creator to be accused of “vicarious liability” for the said infringement. Another issue is that, in jurisdictions, like the US, any output generated solely using a machine is not eligible for copyright protection, as most jurisdictions tend to give protection to only the original works, those having a “human author”. This research paper tends to give reasons on the questions of “whether AI generated works are eligible for copyright protection”.
KEYWORDS: Artificial Intelligence, Intellectual property, innovation and technology, copyright law, dataprivacy, legal person, AI generated works, digital jurisdiction, liability of AI, copyright infringement.
