AI has been around for more than 60 years but never so intensive was its claim to its creations. The availability, affordability and efficacy of AI in recent years have challenged humans in almost all domains of creativity. The absence of regulatory mechanisms across jurisdictions has given AI free passage to experiment and engage, in both constructive and destructive ways. AI has challenged the copyright regime as it did to other intellectual property rights. The amazing creativity of generative AI has jaw-dropped millions across the global community establishing its commercial potential. However, on the other, generated multiple questions including its ethical and legal standards including its reliability in many cases. This paper delves into the creative claims of generative AI and its plausibility to be recognized by law. Multiple questions arising thereof are also unravelled with an effort to evaluate the dichotomy, slowly but steadily crawling towards the courts for an answer.

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Whose Right Is It Anyway? Challenging the Copyright Claim of AI in India

  • Shambhu Prasad Chakrabarty

摘要

AI has been around for more than 60 years but never so intensive was its claim to its creations. The availability, affordability and efficacy of AI in recent years have challenged humans in almost all domains of creativity. The absence of regulatory mechanisms across jurisdictions has given AI free passage to experiment and engage, in both constructive and destructive ways. AI has challenged the copyright regime as it did to other intellectual property rights. The amazing creativity of generative AI has jaw-dropped millions across the global community establishing its commercial potential. However, on the other, generated multiple questions including its ethical and legal standards including its reliability in many cases. This paper delves into the creative claims of generative AI and its plausibility to be recognized by law. Multiple questions arising thereof are also unravelled with an effort to evaluate the dichotomy, slowly but steadily crawling towards the courts for an answer.