Authorship in the Age of Algorithms: Rethinking Copyright for AI-Generated Works
Author : Dr. Twinkle Hemant Desai
Abstract :
The swift evolution of artificial intelligence (AI) has begun to unsettle the conventional notions of authorship, originality, and ownership within copyright law. Modern systems like ChatGPT, DALL·E, and Midjourney are now capable of producing literary, artistic, and musical works with very limited human input. Yet, India’s Copyright Act of 1957—crafted for an era centred on human creativity—offers little clarity on the legal status of such AI-generated works. Although Section 2(d)(vi) refers to “computer-generated works,” it provides no interpretative framework to address situations where AI operates with a degree of autonomy.
This paper examines whether AI can qualify as an “author” under Indian copyright law and considers comparative approaches adopted in jurisdictions such as the United Kingdom, the United States, and the European Union. It also explores theoretical and policy questions surrounding AI-driven creativity and advances possible reform options tailored to India’s legal and technological context. Using doctrinal and comparative research methods, the study recommends refining statutory definitions, recognizing shared authorship between humans and AI, and exploring a separate, sui generis protection for fully autonomous creations. Aligning Indian copyright law with international trends will help ensure that it continues to foster creativity, maintain human accountability, and support innovation in the age of artificial intelligence.
Keywords :
Artificial Intelligence, AI-Generated Works, Authorship, Copyright Law, Intellectual Property.
