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ARTIFICIAL INTELLIGENCE GENERATED WORKS UNDER COPYRIGHT LAW

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NLU Jodhpur

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The world as we know it has changed tremendously in leaps and bounds with the evolution of technology, but changes in law haven't always followed in synchrony. Traditionally creative works like writing and cooking which were conceptualized only to the ingenuity of humans, have now become an apparent task of Artificial Intelligence. Since then, great advancement in programming and computational intelligence has opened many possible avenues of work for computers, one of which being creative works. This upsurge of mechanically created original work has led itself to a collision course with the Copyright Law in India, raising doubts in the minds of legal practitioners as to who shall be the owner of the said original creation. Applying the traditional rules of intellectual property law does not yield a plausible solution to this problem. This paper shall discuss whether autonomously developed mechanical creation can be copyrightable, and if yes then what are the basic impediments in the current legal scenario which prevents machines and Artificial Intelligence to be allowed such Intellectual Property Rights. The paper shall discuss the different scenarios of Copyright ownership in such mechanically generated works.

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NLUJ Law Review (2019)

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