It is an unavoidable truth that Artificial Intelligence (AI) is no longer just a buzzword. It can write, make music, create paintings, draft computer code, solve complex maths problems, and even act like your personal doctor. AI is everywhere now, from your Uber chat box to your ChatGPT. People are using them in daily life, and businesses are adopting them to save time and money. But with this rise of AI-generated work, one important question comes up – who owns the works created by AI?
In India, copyright law is governed by the Copyright Act, 1957. The law talks about works created by human authors. But today, we see AI software creating poems, logos, photographs, and even movies. This has led to a debate: Can AI creations get copyright protection in India, and if yes, who is the author — the human using AI or the AI itself?
This blog explains the basics of copyright law, how it applies to AI works, what global practices look like, and the challenges India faces in addressing this new issue.
What is Copyright?
Copyright is a legal right given to the creator of an original work. It gives them the power to control how the work is used, shared, and sold. Under the Indian Copyright Act, 1957, the copyright applies to:
- Literary works (books, articles, computer programs)
- Artistic works (paintings, photographs, designs)
- Musical works and sound recordings
- Cinematographic films
The main idea is originality – the work must be the result of a person’s creativity and effort. Traditionally, copyright protects human authors. But AI raises a new problem: if a machine creates something without much human effort, does it qualify as an “original work”?
AI and Creativity: How AI Generates Works
AI systems use large amounts of data and algorithms to generate new content. For example:
- An AI writing tool can draft an essay or a poem.
- An AI image generator can create digital art.
- AI music tools can compose new songs.
- AI coding assistants can write software code.
Copyright Law in India and AI Works
1. Who is the “Author” under Indian Law?
Section 2(d) of the Copyright Act, 1957 defines “author.” For different works, the author is:
- The writer of a book or article.
- The artist who paints or draws.
- The composer of music.
- The producer of a film.
- The programmer of a computer program.
The law clearly assumes that the author is a human being. There is no mention of machines or AI.
2. The Case of Computer-Generated Works
India has not yet amended its Copyright Act, 1957, to deal with AI. However, courts may rely on general principles. If the work is generated by an AI, the closest interpretation that arises is that the owner of the work is the person who made the arrangements for the work to be created. It is pertinent to note that this approach is similar to the UK Copyright, Designs and Patents Act, 1988, which says that for computer-generated works, “the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.” So, currently, in India, it is likely that AI itself cannot own copyright, but the human controlling it may be treated as the author.
Global Position on AI and Copyright
Different countries are experimenting with how to handle AI works:
- United States: The U.S. Copyright Office has made it clear that only works created by humans can be copyrighted. AI-generated works without human involvement are not eligible. However, if a human contributes significant creativity, that part may be protected.
- United Kingdom: As mentioned earlier, the law recognizes computer-generated works. The author is the person who makes arrangements for creation.
- European Union: The EU still follows the human authorship rule, but discussions are ongoing about whether AI should get recognition in the future.
- China: Some Chinese courts have allowed copyright protection for AI-generated works, but only when there is clear human input.
From this, we see that most countries do not grant copyright to AI directly. Instead, they focus on the role of the human who uses or programs the AI.
Challenges with AI and Copyright in India
AI-generated works raise several problems for Indian copyright law:
- Authorship and Ownership: If AI creates a painting, the main question arises: who is the owner – is the author the programmer? The person who owns the AI software, or the user who typed the prompt? The Copyright Act, 1957, does not give a clear answer in this respect.
- Originality Requirement: Copyright requires originality. But AI creates works by learning from existing data. Some argue this is not “original,” but just a remix. Courts will have to decide whether AI creations meet the originality test.
- Infringement Issue: AI tools are trained on large amounts of existing copyrighted works. If AI outputs something similar, it may infringe on someone else’s copyright. Who is responsible? Is it the AI developer, the user, or no one?
- Moral Rights. Under Indian law, authors have moral rights, such as the right to be named as the author and to object to the distortion of their work. Can AI have such rights?
- Enforcement and Practical Problems: Even if we grant copyright to AI works, enforcing it is difficult. AI can generate millions of works in seconds. Tracking originality and infringement would be nearly impossible.
Conclusion
AI is changing the way creative works are produced. In India, the Copyright Act, 1957, still focuses on human authors. As of now, purely AI-generated works cannot directly get copyright protection. The likely approach will be to treat the human user, programmer, or owner of the AI system as the author, depending on the circumstances.
Globally too, countries are cautious. Most recognize only human creativity, though some (like the UK and China) allow limited recognition of computer-generated works.
For India, this is a turning point. AI is becoming a popular choice in the industry; the challenge is for lawmakers to update the copyright rules and draft them as per the needs of the hour.
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