Editorial

Source: The Hindu

Introduction

Biden Government passed an administrative order on Artificial Intelligence (AI) and the issue of human centricity of copyright law. AI-generated content can lead to copyright infringement because of the data that was used in its training. The original work of millions of people gets utilized in its training which is reflected in its outcome. India currently has a copyright law to safeguard the rights of original owners against copyright infringement however, the position of AI-generated content is still untouched by the law.

What is Indian Copyright Law?

• Indian Copyright Law, governed primarily by the Copyright Act, 1957 (Act of 1957) and subsequent amendments, serves to protect the intellectual property rights of creators.
• It promotes a conducive environment for innovation and creativity.
• The law covers a wide array of works, including literary, artistic, musical, and cinematographic creations.
• In India, copyright protection is granted automatically upon the creation of a work, providing the creator exclusive rights to reproduce, distribute, and display their creation.
• The Act of 1957 also recognizes fair dealing provisions, allowing for limited use of copyrighted material without the need for permission, such as for educational or research purposes.
• Section 17 of the Act of 1957 covers the law for first owner of copyright which states that the author of a work shall be the first owner of the copyright, the data generated by AI is still required to be interpreted as per the Act.

What are the Works on which Copyright shall Subsist?

• As per Sub-section (1) of the Section 13 of the Act of 1957, the Copyright subsists upon the following:
  • original literary, dramatic, musical and artistic works;
  • cinematograph films; and
  • sound recording

What are the Conditions under Section 13 of the Copyright Act, 1957?

Copyright shall subsist upon Sub-section 1 of Section 13 of the Act of 1957 if the following conditions are satisfied:

• in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
• in the case of an unpublished work other than work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and
• in the case of work of architecture, the work is located in India.
• Explanation — In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.

What are Works on which Copyright shall not Subsist?

• As per Sub-section (3) of the Section 13 of the Act of 1957, the Copyright shall not subsist upon the following:
  • in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
  • in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.

What are the Contentions of Copyright Infringement Against AI Generated Work?

• Traditional copyright law entrusts authorship to human creators. However, with AI-generated works, determining authorship becomes more challenging.
• AI systems can be used for translating content or adapting it into different formats.
  • If this process involves copyrighted material without permission, it may infringe on the original copyright.

What is Current Scenario in India?

• 161st Report named ‘Review of the Intellectual Property Rights Regime in India’ was prepared by the Department-Related Parliamentary Standing Committee on Commerce in July 2021.
• A review of the Act of 1957 and the Patent Act, 1970 to “incorporate the emerging technologies of AI and AI-related inventions in their ambit” was recommended in the report.

Way Forward

• The global nature of AI technology raises questions about harmonizing copyright laws internationally.
• As AI-generated works can cross borders effortlessly, there is a need for legislation not only at Indian front, but it requires international collaboration to establish consistent standards and regulations.