The Rise Of Artificial Intelligence And Its Implications For Copyright Law - A Socio-Legal Analysis
Author: LawSphereX
Category: Technology, Cyber & Privacy
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THE RISE OF ARTIFICIAL INTELLIGENCE AND ITS
IMPLICATIONS FOR COPYRIGHT LAW: A SOCIO-LEGAL
ANALYSIS
Ripdiman Kaur, Assistant Professor, DGIM College
ABSTRACT
The rapid emergence of artificial intelligence (AI) technologies has challenged conventional paradigms of authorship and originality in copyright law. As AI-generated content becomes increasingly sophisticated, jurisdictions around the world are grappling with the question of whether such creations deserve copyright protection, and if so, who should hold it. This article critically examines the implications of AI for copyright law, with a particular focus on the Indian legal framework and global jurisprudential trends. Through a comparative analysis of legal positions in the United States, the United Kingdom, and the European Union, the article explores doctrinal challenges and policy concerns associated with non-human authorship.
It also considers the socio-legal impact of expanding or restricting copyright protection for AI-generated works, particularly in light of the balance between innovation and public interest. The article concludes by proposing a nuanced, human-centric approach that balances technological advancement with legal certainty and ethical considerations. Keywords: Artificial Intelligence, Copyright Law, Originality, Authorship, India, Comparative Jurisprudence, AI and Creativity, Socio-Legal Impact
Introduction
The 21st century has witnessed a remarkable rise in the capabilities of artificial intelligence (AI), with systems now able to compose music, write poems, paint portraits, and generate code—all without direct human creativity. As AI increasingly mimics the human creative process, a complex legal question has emerged: can and should AI-generated works be granted copyright protection? If yes, who qualifies as the "author"? This conundrum presents a significant challenge to the foundational principles of copyright law, particularly the notions of originality and human authorship. This article seeks to analyse this challenge through a socio-legal lens, evaluating the implications of AI-generated content on copyright systems, particularly in India and drawing comparisons with developments in the United States, United Kingdom, and European Union.
Understanding AI-Generated Content and Copyrightability Artificial intelligence refers to the ability of a machine or computer program to perform tasks that typically require human intelligence. Creative AI models, such as Open AI’s GPT, DALL·E, and Google’s Music LM, can autonomously generate text, images, and music. This blurs the line between human and machine authorship. Under most copyright laws, originality and authorship are prerequisites for protection. The Berne Convention does not define “author” but implicitly assumes human authorship. The Indian Copyright Act, 1957, under Section 2(d), recognises the “author” as the person who causes the work to be created, which traditionally implies a human agent. 1 The Indian Legal Position In India, copyright law continues to be anthropocentric.
Section 2(d) of the Copyright Act, 1957, identifies different authors depending on the nature of the work but never contemplates non-human authorship. However, the Act does address “computer-generated works. ” For such works, the person who causes the creation is deemed the author. 2 The interpretation of this provision remains narrow. Indian courts have not yet adjudicated on the copyrightability of wholly AI-generated works. However, the Eastern Book Company v.
1 The Copyright Act, No. 14 of 1957, § 2(d), India.
D. B. Modak decision introduced a “skill and judgment” standard for originality, aligning it somewhat with Canadian jurisprudence. 3 Applying this to AI, it becomes difficult to argue that a machine independently satisfies the threshold of originality unless a human intervenes significantly. Global Jurisprudential Trends United States The U. S. Copyright Office has consistently denied copyright to non-human authors. In Naruto v. Slater, the court held that animals could not hold copyright, emphasising the requirement of human authorship. 4 In 2022, the U. S. Copyright Review Board reaffirmed this in denying copyright to Zarya of the Dawn, an AI-generated comic, even though a human had made some creative choices. 5 However, in March 2023, the Board clarified that AI-assisted works may be eligible for copyright only to the extent of human contribution.
6 This sets a precedent for hybrid authorship but not full protection of AI output. United Kingdom The UK Copyright, Designs and Patents Act, 1988, under Section 9(3), provides that for computer-generated works, the author is "the person by whom the arrangements necessary for the creation of the work are undertaken. "7 This appears broader than Indian and U. S. laws but still presumes human agency behind the creative process. European Union The EU Copyright Directive (2019) promotes human-centric protection, reaffirming that copyright applies to works resulting from human intellectual effort. Nonetheless, the EU has initiated consultations to explore regulation for AI and intellectual property, emphasising
3 Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1 (India).
ethical frameworks and legal certainty.8 Socio-Legal Concerns of Recognising AI as an Author
1. Disruption of the Human-Centric Model
Granting copyright to AI disrupts the anthropocentric nature of copyright law, which is built upon the concept of human creativity, effort, and reward. It also challenges moral rights, like the right of attribution and integrity, which are inherently humanistic.
2. Ownership & Accountability
If AI is deemed the author, then who owns the copyright? The programmer, the user, or the AI company? This raises accountability issues in cases of infringement or ethical misuse.
3. Monopoly vs. Innovation
Recognising AI-authored works may give undue monopoly to tech giants that control AI infrastructure, thereby hindering public access and innovation. Conversely, denying protection may reduce incentives to develop creative AI. The Indian Context: What Should Be the Way Forward? Given the increasing prevalence of AI in sectors like education, media, law, and entertainment, Indian copyright law must proactively address this ambiguity. Key recommendations include: ● Statutory Amendments: Section 2(d) can be amended to clarify authorship in cases of AI-assisted and AI-generated works. ● Hybrid Authorship Models: Allow partial protection based on identifiable human contributions, akin to the U. S. approach. ● Policy Development: A consultative white paper involving legal scholars, technologists, and policymakers is necessary to shape future IP policy.
Conclusion The law must evolve to keep pace with technological change, but not at the cost of its 8 European Parliament, Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market,
2019 O.J. (L 130)
foundational values. AI-generated works challenge core tenets of copyright law, especially originality and authorship. India currently lacks jurisprudence in this domain, but global trends suggest a cautious, human-centred approach. Rather than granting copyright to AI itself, it is prudent to focus on protecting the human elements within AI-assisted creativity. A balanced legal framework will ensure that copyright law remains relevant, equitable, and future-ready in the age of artificial intelligence.