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8 Nirma U. L.J. 37 (2018-2019)
Authorship of AI Generated Works under the Copyright Act, 1957: An Analytical Study

handle is hein.journals/nulj8 and id is 155 raw text is: 










                   AUTHORSHIP OF Al
                   GENERATED WORKS UNDER
                   THE COPYRIGHT ACT, 1957:
                   AN ANALYTICAL STUDY


                                             Dr. Avishek Chakraborty*


ABSTRACT

With  the recent development of artificial intelligence (AI), increasingly
creative works have been created by non-human authors. AI is now capable
of producing complex  creations which becomes indistinguishable from
works made  by human beings. Traditionally the authorship of copyright in
computer generated works was not in question because the program was
merely a tool that supported the creative process, very much like a pen and
paper. However, with the latest types of artificial intelligence, the computer
program  is no longer a tool and it actually makes many of the decisions
involved in the creative process without human intervention. Section 2(d) of
the Copyright Act, 1957 in India defines 'author' in the context of different
copyrightable works  but does not  make  any  reference to the legal
personality of the author. The present study explores the feasibility and
implications of this assertion. It addresses the scope of the definition of
'person' in the Copyright Act, 1957 and examines whether Al  can be
considered as  author. Consequently it analyses the  implications of
including AI as author  of copyrighted work. It further analyses the
implication of granting authorship to AI and the problems of handling legal
responsibilities arising out of such authorship. Therefore, the study


*Assistant ProfessorSchool of Law, CHRIST (Deemed to be University), Bengaluru. The
author can be reached at avishek.chakraborty@christuniversity.in

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