Author: Parimal Akhaja, Student LLM at Gujarat National Law University
ABSTRACT
In a recent landmark judgment, Thaler v. Perlmutter, the United States District Court for the District of Columbia delivered a pivotal ruling, affirming that artworks autonomously generated by Artificial Intelligence (AI) do not qualify for protection under the Copyright Act of 1976. This decision diverges markedly from the legal landscape in the United Kingdom, where Section 9(3) of the Copyright, Designs and Patents Act, 1988 confers copyright for AI-generated artistic works upon person by whom the arrangements necessary for the creation of the work are undertaken. Also, The World Intellectual Property Organization (WIPO), raised issue in its Conversation on Intellectual Property (IP) and Artificial Intelligence (AI) about the copyrightability of AI-generated works. Although international efforts through WIPO have harmonized intellectual property laws, the consensus regarding the copyright status of AI-generated creations remains elusive. This paper undertakes a comprehensive examination of court’s rulings from various jurisdictions worldwide, shedding light on the multifaceted facets of this complex matter. The paper aims to address two pivotal questions: (I) Do AI generated-works require copyright or a similar regulatory system at all? and (II) Who owns such rights of AI generated work, the user or the AI developer? Furthermore, this paper delves into the inherent challenges associated with conferring copyright protection upon AI-generated works, scrutinizing the legal, ethical, and practical obstacles that arise in this evolving landscape. By navigating the intricate web of jurisprudence and legislative approaches, this study aspires to contribute to the ongoing discourse surrounding the intersection of AI and copyright law, offering valuable insights for policymakers, legal scholars, and stakeholders alike.
Keywords: Keywords: Artificial Intelligence (AI), AI-generated work, Copyright, World Intellectual Property Organization (WIPO).
