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News article4 November 20221 min read

AI Art and Copyright Protection in India

AI art has a number of uncertainties nowadays, given the capabilities of newly developed algorithms combined with state-of-the-art computing power, machine-generated works reached a huge breaking point in terms of the variety of art that can be generated. Scripts, images and video are today just a click away from a fast and automatic generation. A short descriptive text input is all a person needs to do to create a canvas of outstanding quality with these machines, and in a matter of seconds.

Currently, AI art in India is considered to be a “machine-generated work” under the Indian Copyright act, and under such law the authorship of these works if conferred to the “person that causes the work to be created”.

However, there are still uncertainties concerning the requirements for authorship and if such title would be exclusive to a “human person”.  In addition, High Courts are raising the status of copyright registrations to formal “licenses” that may provide immunity against copyright infringement. As a conclusion, the speed at which “machine-generated works” can be created and their variety, with unclear authorship and “bulletproof” copyright registrations can be a dangerous combination.



Publication date
4 November 2022