Implications of Copyright Issues: An Analysis of Invention by Human and Artificial Intelligence

Abstract

Evolution in the world has led to a wide spread of technological advancements. One example is artificial intelligence (AI). Machine intelligence is the intelligence produced by machines. It is the concept which begins the moment, when the machines are able to accomplish the tasks in lieu of human intelligence. The Artificial Intelligence is getting more efficient and is able to complete more task in lieu of Human Intelligence. The recent debate to recognise ChatGPT as an author is one of the recent controversies, where in some journals have given recognition and considered ChatGPT as an author, whereas many have not. Artificial Intelligence bots like ChatGPT have endangered careers of various professionals including academicians, content writers, lawyers and software engineers, etc. It is becoming increasingly difficult to distinguish between AI and human-created content. The concept to
give AI status of a creator is still questionable and unfamiliar. There are no existing laws to specifically protect creations made from AI as original works. Intellectual property rights (IPR) are rights given to persons over the creations of original works of authors which are artistic, literary, technical, or scientific work in the fields of patent, copyrights, trademark and so on. Copyright law is a form of intellectual property which gives protection in terms of authorship to a person who has created original work. Artificial intelligence is the intelligence produced by machines, and it does not mention this authorship to anyone other than a human. The distinction between AI and human-created content is becoming increasingly difficult. Validity of a copyright work lasts for 60 years for an author after his or her death in India. WIPO (World Intellectual Property Organization) has also created a forum under the WIPO Conversation on IP and AI to discuss the impact of AI on IP. The researcher will theoretically analyse the origin of artificial intelligence and its relation with the copyright laws. The law does not clearly define if an original work is created by AI without human intervention, then who will be considered the copyright owner? Also, what will happen if a person plagiaries or infringes another’s original work of AI then who will be punished, either the coder/creator of Artificial Intelligence or the buyer of the creation. This study is to review the existing provisions and seek answers to these questions through theoretical research. With this study, the researcher seeks to analyse technological advancements and growing usage of Artificial Intelligence and its interface with exiting Copyright Laws.