INTRODUCTION
Particularly in relation to copyright law, the development of artificial intelligence (AI) has presented hitherto unthinkable questions for the established paradigm of intellectual property rights (IPR). When original works of authorship fixed in a physical form of expression obtain protection, copyright essentially rests in the idea of human creativity and originality. But artificial intelligence’s creative output challenges the human-centric point of view. The one related to authorship is one of the main difficulties. Generally speaking, copyright laws all around protect natural people as authors. For example, the Indian Copyright Act, 1957, hardly addresses non-human objects. [1]As proven by the “Monkey Selfie” case, U.S. copyright law also clearly limits protection to works produced by non-humans. Legal confusion results however when an artificial intelligence independently creates a painting, poetry, or musical composition: who owns the copyright—the programmer, the user, or none at all? Artificial intelligence produced works also challenge the need of originality. Legal terms, originality refers the minimal degree of creative and autonomous output. Opponents of artificial intelligence contend that it lacks the human touch or intent needed for real innovation as it operates by analysing past data and trends. Conversely, supporters argue that, should a work created by artificial intelligence show originality and expressive value, it should be qualified for protection apart from the author. Responsibility for infringement raises still another important issue. Assigning responsibility becomes difficult if an artificial intelligence system taught on copyrighted content produces output that nearly replics already protected works. Is the developer answering for the training materials? Alternatively does the user have bearing on the output? Often described as the “black box” issue, artificial intelligence systems’ lack of open attribution and transparency makes compliance even more challenging. Furthermore, hardly one agrees worldwide on how to handle these issues. Although some countries—including the UK—have given limited recognition for computer-generated works, most legal systems have not yet changed their copyright laws to fit the reality of artificial intelligence. Ultimately, bringing artificial intelligence into creative processes requires a change of perspective on copyright policies. Copyright law has to change to either incorporate new kinds of authorship or rethink the standards for protection in the era of artificial creativity as computers gradually carry out tasks once only possible for human brain. A lot of artistic works, like songs, poems, and novels, are made easier with the help of artificial intelligence, which is sometimes just called AI. As a result of AI entering the intellectual property market, there have been worries, mostly about the copyright system. It’s not an exaggeration to say that content made by AI breaks copyright laws all over the world to the point where it could possibly bring down any legal system. In fact, it shows how far AI technology has come. This chapter goes over some things that have already been talked about in depth in other parts. This chapter will talk about the most important things you need to know to protect AI-generated works and make sure they can get copyright protection, along with other related themes. [2]All of the topics this chapter talks about are directly related to the theory and are very important to the investigation. This study looked at the important issues that were talked about at WIPO to find the most important questions about the copyrightability of works made by AI. A resolution from the European Parliament in 2020 admits worries about this issue and says that the idea of AI being smarter than humans is a threat to human cognition. Being able to control our own ideas is very important if we want to lower the risks that artificial intelligence poses. The US monkey-selfie case is worth mentioning when talking about how to protect works made by AI without any human input.The outcome of this case sets the standard for “authorship” and makes it clear that “a work produced by a machine or a purely mechanical process cannot be eligible for copyright registration.” They show how artificial intelligence affects both business and society through the decisions and discussions. Artificial intelligence (AI), which is made possible by easy access to huge amounts of data, advanced algorithms, and fast processing, has been called one of the most important technologies of the 21st century. The effects of AI are being felt in different parts of our digital economy. These include intellectual property. How we feel about artificial intelligence in the future will shape who we are. From this point of view, the researcher might choose to quote Stephen Hawking, who said, “the progress of complete artificial intelligence could potentially lead to the extinction of the human species.” He said that the technology would improve and change on its own at a faster and faster rate, faster than humans, who are limited by the slow process of biological development. [3]
Within this point of view, artificial intelligence is shown to be very important to human life. It is clear that artificial intelligence is changing many parts of our lives. Systems that are powered by artificial intelligence can quickly make amazing works of art, poetry, and other forms of creative expression.[4] This is similar to how they can already make complicated works of art and poems. Several important parts of our lives have been deeply and completely changed by the development of artificial intelligence. Virtual personal assistants like Cartona, self-driving cars like Tesla, Facebook’s face recognition technology, and the Internet of Things (IoT) for controlling smart home products are all examples of AI that is now a part of many parts of our lives. Most countries are using artificial intelligence (AI) to cut down on human mistakes and work as they move towards fully automated systems. AI is not only making our daily lives better, but it is also helping to solve world problems like climate change and cybersecurity.
The American medical press says that IP systems can help doctors understand complicated chronic illnesses better and give better treatment. EMTs were first used in Dannebrog. This service uses AI to listen to a patient’s words during an emergency call so that symptoms that could be life-threatening, like cardiac arrest, can be picked out. At the moment, European farmers use gadgets with artificial intelligence to keep track of where their animals are, how hot or cold they are, and how much food they are eating. Not long ago, GPT-3, which is driven by AI, was released in the United States. [5]
With its programming skills, it can write poetry, answer questions, keep up a blog, help with language translation, handle email communication, and condense information. Andres Guadamuz says that artificial intelligence can make new things like songs, artwork, short novels, and even local news stories just by listening to different audio records. From 1997 to 1998, IBM’s Deep Blue chess machine beat Garry Kasparov in a set of six games. The examples given above show the main point of disagreement and show how artificial intelligence is being used more and more in creation and innovation. These examples only show a small part of the many ways that artificial intelligence can be used. There are literally endless options. Without a question, this list will grow over time to include many more innovations that we can’t even imagine now. Copyright law and other intellectual property laws are facing a lot of problems and ethical issues because more and more AI is being used to make new technologies.
This has caused governments all over the world to rethink their policies. As possible answers to these problems, WIPO can look at two types of works: “AI-generated work” and “AI-assisted work.” “AI-generated work” refers to creations that were made by AI without any help from humans. “AI-assisted works” meanwhile refer to creations that were helped by humans. Because of these things, it’s not a surprise that artificial intelligence is having an increasing effect on some kinds of art, poetry, and music.
When people talk about intellectual property, they often bring up copyright and AI. Once it’s clear that an AI-powered machine can write content on its own, who will be writing? Can a work be covered by copyright even if it doesn’t meet the three main requirements of originality, inventiveness, and fixation? How does the ownership of the works change if they are listed under copyright law? The main goal of the study is to find out who legally owns artificial intelligence. We will also think about whether it is possible to give ownership of artificial intelligence to the person who made it or, if that is not possible, to the person who uses it in the end. What would be the process for holding AI accountable in a case of infringement if an answer is found? Should artificial intelligence have certain rights because it’s the right thing to do?
[1]Whish R, ‘Competition Law and Intellectual Property Rights: The Regulation of Innovation’ (2004) 26 European Intellectual Property Review
[2]Devlin RF and Jacobs MR, ‘Antitrust Divergence and the Limits of Economics’ (2014) 104 Georgetown Law Journal
[3] Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence, 2019, WIPO Conversation on IP and AI, Second Session, 13 December, available from https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_Ai_ge_20/wipo_ip_Ai_2_ge_20_1.pdf, [accessed 13 July 2024].
[4] Resolution of European Parliament, submitted to the Commission on a civil liability regime for AI on Dated 20 October 2020, [2020/2014(INL)], available from https://www.europarl.europa.eu/doceo/document/TA-9-2020-0276_EN.html, [accessed 16 July 2024].
[5] Naruto v. Slater, 2018 WL 1902414.