GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT OWNERSHIP: A DOCTRINAL ANALYSIS OF AUTHORSHIP, ORIGINALITY, AND THE CRISIS OF CREATIVE ATTRIBUTION
Prachi Kotia, Assistant professor at NMIMS, Indore (India)
The emergence of generative artificial intelligence (AI) systems capable of producing literary works, musical compositions, visual art, and computer code with minimal or no human creative input has precipitated a profound doctrinal crisis within copyright law. The foundational construct of copyright, premised upon the existence of a human author who exercises creative judgment, is structurally ill-equipped to accommodate outputs generated by machine-learning models. This article undertakes a doctrinal analysis of the copyright framework applicable to generative AI outputs under Indian law, with particular reference to the Copyright Act, 1957, and draws critical comparisons with the legal positions in the United States, the European Union, and the United Kingdom. It examines the core doctrines of authorship, originality, and the work-for-hire principle, and assesses their capacity and incapacity to resolve the ownership question. The article concludes that the existing copyright architecture in India demands urgent legislative intervention and proposes a sui generis protection regime for AI-generated works.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 77–92. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |