Published January 31, 2025 | Version v1
Journal Open

A STUDY OF INTELLECTUAL PROPERTY'S OWNERSHIP IN AI-GENERATED CREATIONS: LEGAL CHALLENGES AND IMPLICATIONS

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Artificial Intelligence (AI) is transforming various sectors by improving efficiency and decision making. This paper analyzes the intricacies of intellectual property (IP) ownership regarding AI-generated works inside the Indian legal system. As artificial intelligence (AI) systems progressively generate content independently, inquiries emerge regarding authorship and the relevance of current intellectual property regulations. The study intends to evaluate existing Indian intellectual property laws, determine their sufficiency in managing AI-generated creations, and recognize any legal obstacles and consequences. The theoretical framework is based on legal positivism, emphasizing the interpretation of statutory laws and judicial precedents. The research utilizes a doctrinal methodology, encompassing an extensive survey of Indian intellectual property legislation, analysis of case law, and scrutiny of international legal frameworks for comparative perspectives. Research reveals that Indian intellectual property law does not contain explicit regulations for works generated by artificial intelligence, resulting in uncertainties regarding authorship and ownership. The Indian government asserts that the current intellectual property regime can safeguard AI-generated works; yet, actual implementation issues remain.

The recent lawsuit by Indian news agency ANI against OpenAI for the improper use of its content in AI training models highlights the urgent necessity for legal clarity in this area. The study indicates that India's existing intellectual property regime is inadequate to confront the distinctive difficulties presented by AI-generated works. It advocates for legislative modifications to clearly delineate authorship and ownership of AI-generated creations, so guaranteeing legal clarity and safeguarding stakeholders. It is also observed that no such amendments it is made in Information technology act and IPR policy subject to increase in use of AI in field of literature.

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