Page 239 - Kaleidoscope Academic Conference Proceedings 2024

COPYRIGHT IN THE AGE OF ARTIFICIAL INTELLIGENCE: UNRAVELLING THE
COMPLEXITIES FOR THE PROTECTION OF AI-GENERATED WORK

Hoshiar, Singh ; Kiran, Sharma
1
2
1 Department of Telecommunication, Government of India, India
2 ICFAI Law School, IFHE, Hyderabad, India

ABSTRACT becomes: who or what owns the copyright for these AI-
generated creations? Is it the programmer who built the AI,
The rise of artificial intelligence (AI) as a creative tool or the AI itself? The “labour theory” of copyright suggests
disrupts the traditional realm of copyright law. This work protection should be awarded based on the creator’s effort.
explores the complexities of copyright protection for AI- Is AI simply a tool, or can it be considered a creative force?
generated works. We examine the concept of authorship, a
cornerstone of copyright, and its applicability to AI. Further complexities arise when we consider the data used
Ownership of AI creations will be analyzed, considering the to train AI models. If copyrighted material is used, does it
programmer’s role and the training data’s influence. constitute fair use or copyright infringement? This
Furthermore, using copyrighted material in AI training becomes even more nuanced when the AI itself generates
raises questions about fair use and infringement. By content that bears a resemblance to copyrighted works.
unraveling these issues, this work seeks to illuminate the
path toward a copyright framework that fosters innovation Granting copyright protection to AI raises additional
while safeguarding the rights of creators and AI developers concerns. Who will be held liable for infringement of AI-
in the age of AI. generated works – the programmer, the user, or the AI
itself?
Keywords - Artificial Intelligence, copyright, authorship,
copyright protection This paper sets the stage for exploring these intricate
questions. By unraveling the complexities at the
1. INTRODUCTION intersection of copyright and AI, we can work towards a
framework that fosters innovation while ensuring proper
protection for both human creators and AI developers.
Copyright law, traditionally designed to protect the fruits of
human creativity, faces a new challenge in the age of
artificial intelligence (AI). AI is no longer relegated to 2. THE CONCEPT OF COPYRIGHT
mundane tasks; it’s capable of generating creative outputs
like music, art, and even literature. This begs a critical Copyright acts as a shield for creative works, giving the
question: how do copyright principles adapt to this creator control over how their work is used. This legal
innovative landscape? concept, rooted in intellectual property law, grants the
owner exclusive rights. In simpler terms, the owner gets to
Let’s begin by revisiting the core tenets of copyright. At its decide how their creation – a song, a painting, a book – can
heart, copyright protects original works fixed in any be shared or used by others. Copyright safeguards the way
tangible medium. So, as long as the work is ‘original’ amd ideas and information are expressed in a tangible form, like
‘fixed’ nearly any type of work can qualify for copyright being written down, recorded as music, or captured as an
protection. Originality refers to a work’s unique expression, image. However, it’s important to remember that copyright
not necessarily the underlying idea. According to United doesn’t protect the raw ideas themselves, but rather the
States Supreme Court, originality means author’s unique way they are brought to life. Copyright protects
“independently created work” with “minimal degree of original works, but what exactly makes a work “original”?
creativity”. Copyright protects specific subject matter, like The work must be your creation, not a copy of someone
literary works, music, or visual arts. Authorship, else’s. There needs to be a minimal level of creativity, a
traditionally reserved for humans, becomes a central issue “spark” as the Supreme Court puts it. This doesn’t require a
when AI enters the picture. groundbreaking masterpiece, but there should be some
originality in how you express yourself.
Computer-generated works have existed for some time, but
AI raises the bar in terms of creativity. The question then

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