Author: Ayesha Aziz, Student of LL.M at Gujarat National law University, Koba, Gujarat
INTRODUCTION
Artificial intelligence has emerged as one of the rapidly advancing technologies, transforming not only business practices but also personal lives. Positioned as a significant driver of the Fourth Industrial Revolution, AI’s increasing autonomy raises various legal, ethical, and policy challenges. The intellectual property rights dilemma becomes evident, particularly in the realm of patents and copyrights.
Concerning patents, the question arises as to whether AI can be recognized as an inventor, especially in instances where it contributes to innovative discoveries, such as identifying new combinations of molecules for disease treatment. Similarly, in the context of copyrights, there is a query about whether AI can be acknowledged as the author or owner of a visual artwork or a musical composition it creates. Existing laws stipulate that only a human can be granted intellectual property rights for a created work, with the intention to recognize the effort and skill involved in its creation.
The dilemma persists regarding who should be considered the author or owner when a work is entirely generated by AI. Should it be the programmers who created the program, those who formulated the algorithm, the user who deployed the program, or should the work enter the public domain? Questions also arise about whether a human can be rewarded for a work for which they did not contribute effort or skill, or if they can claim rights in the outputs generated by AI. This article aims to explore similar questions within the framework of international and Indian copyright laws. As the field of AI continues to evolve, legal frameworks will likely need to adapt to address these complex issues surrounding ownership and authorship.
