Redefining Creativity: Balancing Innovation and Protection in Ai-driven Copyright Law

Abstract:

The transformative power of Artificial Intelligence (AI) has ushered in a new era of creativity, enabling machines to compose music, craft artworks, and pen literary pieces with an unprecedented degree of sophistication. However, this technological marvel challenges the very foundations of copyright law, which traditionally celebrates human ingenuity as the bedrock of authorship. Questions surrounding originality, authorship, and ownership of AI-generated works demand urgent attention as AI blurs the boundaries between human and machine creativity. This paper delves into the evolving dynamics of AI and copyright law, with a special focus on India’s Copyright Act, 1957[1], which remains silent on the treatment of AI-generated works. Through a comparative lens, it explores global approaches, from the human-centric frameworks of the United States (U.S.) to the pragmatic provisions for computer-generated works in the United Kingdom (U.K.) and the progressive policies in China. The research proposes targeted legislative reforms for India to bridge the existing legal void, advocating for clear authorship rules, ownership provisions, and liability frameworks. It also underscores the need for judicial guidelines and international treaties to harmonize global standards in addressing the transnational complexities of AI technologies. By fostering innovation while safeguarding intellectual property rights, this study envisions a copyright regime that adapts to the transformative potential of AI. It calls for a balanced approach to ensure that the legal system evolves alongside technology, empowering both human creators and AI-driven ingenuity.