On the impact of Artificial Intelligence on IPR – AI and the issue of human-centricity in copyright law

Source: This post on the impact of Artificial Intelligence on IPR has been created based on the article “AI and the issue of human-centricity in copyright law” published in The Hindu on 2^nd November 2023.

UPSC Syllabus Topic: GS Paper 3 Science and Technology – Developments and their applications and effects in everyday life; Issues relating to intellectual property rights (IPRs).

News: This article discusses the impact of Artificial Intelligence in the field of intellectual property rights (IPRs).

A detailed article on India’s IPR regime can be read here.

The growing use of AI without the necessary safeguards can have enormous implications for the future of humanity, including the field of intellectual property rights (IPRs).

What are the growing concerns with respect to IPRs due to AI?

One of the many areas wherein AI has raised tough questions is ownership and enforcement of IPR.

1) Lack of IPR safeguards in AI training data: For example, while Generative AI tools such as ChatGPT include the use of copyrighted materials, including texts and images, as training data. This infringes the rights of millions of authors and artists on the Internet.

2) Recognition of copyright ownership over output generated by AI: This is a legal question before the Courts – whether a work generated by an AI system could be copyrightable, or if human creativity was essential to copyright protection.

Read more on Generative AI here.

What are the provisions of Copyright in India?

Copyright is an intellectual property right that law gives to a creator of literary, dramatic, musical, and artistic work and a producer of cinematograph films and sound recordings.

The Copyright Act, 1957 (Act) along with Copyright Rules, govern the laws related to copyright protection in India.

Copyright includes the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.

In case of original literary, dramatic, musical, and artistic works the period of copyright in India is 60 years in addition to the author’s lifespan.

What are the issues in Indian Copyright regulation due to AI?

India’s Copyright Act 1957 ignores the “human authorship” requirement when granting registration.

The Copyright Office is yet to frame mandatory disclosure requirements on the use of AI.

It has also failed to initiate broader consultations on this important issue.

What should be done?

1) Review of IP regulations: In light of the recommendations of the Standing Committee Report on Commerce titled ‘Review of the Intellectual Property Rights Regime in India’ (2021), a review has become necessary.
The report had suggested reviewing the Copyright Act 1957 and the Patent Act 1970 to “incorporate the emerging technologies of AI and AI-related inventions in their ambit”.

2) Cautious approach: There needs to be a cautious approach in extending existing IP protections to work generated by Artificial Intelligence.

Question for practice:

Artificial Intelligence not only brings with it vast opportunities, but challenges too. Discuss in the context of its impact on intellectual property rights.