AI is the new reality. This has been a topic of discussion after The Biden Administration (US government) issued an executive order on 30th October 2023, upon ‘safe, secure and trustworthy artificial intelligence’ which illustrates the changing attitude of global leaders towards artificial intelligence.

Continuous increase in the usage of AI tools like ChatGPT and midjourney precedently raised a number of questions related protection of intellectual property as it uses copyright materials to generate responses. These generative AI violates rights of the authors and artists on the internet.

A recent case study showed, US court rejected the case asking for copyright on the grounds of lacking human authorship and the project is AI wholly AI generative. The court concluded, “human creativity is essential for copyright infringement”.

Intellectual Property and Intellectual Property Rights in India

Intellectual Property refers to the unique piece of work, art, music, writings, poetry, etc originally belonging to a certain person by the virtue of his talent and hardwork and is legally protected by law.

Intellectual Property Rights Policy, 2016, were introduced by the department of Promotion of Industry and Internal Trade (DPIIT) to protect Intellectual Property of an individual digitally. It’s main aim we’re, “Creative India, Innovative India “. Although, the policy nowhere mentions the AI generated content is the major issue of copyright infringement.

Indian Copyright Act 1957 and challenges

Indian Copyright Act 1957 provides for protection against usage of intellectual property without permission. Though, the debate is passed as use of copyrighted materials for training AI and evolving technology and is considered legally grey, it’s misuse can bring disastrous consequences. The recent judgement passed by US Supreme Court, Copyright infringement is only applicable on human creativity and not AI generated content. It’s said that the decision might influence the interpretations of fairness in Indian Copyright law.

The copyright office released a document titled  ‘Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence.’ It explicitly states that the copyright only protects human generated content. Term author in Copyright Act excludes non-humans.