As artificial intelligence (AI) continues its relentless advance into various facets of our lives, one area where it has made significant inroads is in generating content tailored to answer specific questions or address certain topics. A prime example of this is ChatGPT, an AI model developed by OpenAI, designed to engage in conversational interactions, answer queries, provide explanations, and generate text on a wide range of subjects. However, the advent of AI-generated content has cast a spotlight on the intersection of technology and copyright, unveiling a labyrinthine legal landscape in India.
The burgeoning use of AI, particularly models like ChatGPT, has stirred conversations regarding content ownership and intellectual property rights. Existing copyright laws in India appear ill-equipped to grapple with the intricate issues surrounding AI-generated works. The primary conundrum revolves around the lack of explicit provisions within Indian copyright law that address AI-generated content or attribute authorship to AI itself.
Even ChatGPT itself recognizes the legal complexities inherent in AI-generated content ownership under Indian law. The Indian legal framework remains devoid of specific provisions that offer clarity on this matter.
Legal Aspects of AI and Copyright in India
Two years ago, the Parliamentary Standing Committee recommended the establishment of a distinct category of rights for artificial intelligence and related innovations, specifically addressing their protection as intellectual property rights. In June of this year, the Minister of State for Electronics and Information Technology, Rajeev Chandrasekhar, emphasized the government’s intention to regulate artificial intelligence to safeguard the rights of “digital citizens.”
Several critical questions emerge when attempting to fit AI-generated content within the copyright framework, including issues related to the ownership of intellectual property. Pravin Anand, Managing Partner at Anand and Anand, a prominent intellectual property law firm in India, shared insights during an interview with India Today.
Copyright Protection for AI-Generated Content
One pressing question pertains to whether AI-generated content can be copyrighted. According to existing copyright laws, the initial copyright owner of a work is deemed to be the author. Regrettably, the Copyright Act of 1957 in India does not explicitly address AI-generated works or recognize AI as an author. A pivotal criterion for copyright protection is originality, and AI-generated works must exhibit creativity to qualify for such protection.
Originality, as defined in Section 13 of the Indian Copyright Act, is an essential benchmark in determining copyright eligibility. However, the Act does not offer a precise definition of “originality,” leaving it up to the judicial system to ascertain whether a work meets this criterion.
AI-generated content, primarily reliant on data culled from existing sources on the internet and training data, may not consistently meet the threshold for originality or creativity required for copyright protection.
The Legal Status of AI: A Complex Conundrum
One critical aspect that remains uncertain is the legal status of AI itself. Whether AI can be classified as a ‘person’ under the law and to what extent it can be recognized as such raises perplexing questions. Thus far, only natural persons have been recognized as authors under law. However, the possibility of AI, such as ChatGPT, being considered a ‘person’ under the law necessitates clarity.
AI and Privacy Rights
AI-generated content can also infringe upon an individual’s right to privacy and publicity. An example cited is the Delhi High Court case of Anil Kapoor v. Simply Life India & Ors., where the court ruled that using generative AI tools to depict famous personalities in fictional scenarios violated their personality rights.
Ownership of AI-Generated Content
Ownership of AI-generated content depends on platform policies and terms. For instance, ChatGPT’s terms and conditions stipulate that while content generated by the model initially belongs to the platform, it is assigned, or ownership is transferred, to the user whose prompts led to the content generation. Notably, if ChatGPT produces identical output for multiple users, neither party can claim exclusive rights to that content.
Copyright Law Provisions and Fair Use
Copyrighted content’s utilization by AI tools is also defended under the doctrine of fair use or fair dealing within copyright law. Section 52 of the Indian Copyright Act delineates exceptions to copyright infringement, permitting limited use of copyrighted material without the owner’s authorization.
The test for copyright infringement in India hinges on whether content is “substantially similar” to the copyrighted work and whether it falls within the exceptions outlined in Section 52 of the Copyright Act, 1957.
Derivative Works and AI Content
Another facet of copyright protection potentially applicable to AI content is the creation of derivative works. Derivative works are based on pre-existing copyrighted material and may receive intellectual property protection if they introduce significant alterations to the original work. The degree of alteration required varies depending on the type of work involved.
In the context of AI-generated content, the determination of what constitutes a derivative work will be influenced by the courts, considering the facts and circumstances of each case.
The Road Ahead
The emergence of AI, exemplified by ChatGPT, raises formidable intellectual property challenges. Amendments to copyright laws may be indispensable to address the distinct challenges posed by AI technology. Legal interpretations and implications surrounding AI-generated content remain intricate and uncertain, awaiting definitive legal frameworks.
