RETHINKING AUTHORSHIP: A DOCTRINAL ANALYSIS OF COPYRIGHT PROTECTION FOR ARTIFICIAL INTELLIGENCE-GENERATED WORKS
Divyanshu Tiwari, 5th-Semester B.A. LL.B. Student at IIMT College, Greater Noida, Uttar Pradesh (India)
Generative artificial intelligence challenges a foundational assumption of copyright law: that protectable expression is attributable to a human author who exercises creative judgment. This article examines how copyright law should treat works generated or materially assisted by AI, with particular attention to authorship, originality, ownership, and the threshold of human creative contribution. Using a comparative doctrinal method, it analyses statutory provisions, judicial decisions, administrative practice, and ongoing reform initiatives in the United States, United Kingdom, European Union, and India. The analysis considers, inter alia, Thaler v. Perlmutter and U.S. Copyright Office guidance; section 9(3) of the Copyright, Designs and Patents Act 1988 and the United Kingdom’s reform debate; the Court of Justice of the European Union’s “author’s own intellectual creation” jurisprudence and the transparency framework under Article 53 of the EU AI Act; and India’s section 2(d) of the Copyright Act, 1957 together with the RAGHAV/Suryast registration episode. The comparison reveals substantial convergence around the need for identifiable human creative input, notwithstanding significant differences in legal technique and the continued existence of statutory provisions for computer-generated works in the United Kingdom and India. The principal unresolved question is not whether human contribution matters, but how much creative control, selection, arrangement, modification, or other expressive intervention is sufficient to support authorship in AI-assisted works. The article argues that neither categorical exclusion nor unrestricted protection adequately addresses this intermediate zone. It therefore proposes a disclosure-based rebuttable presumption under which claimants identify the nature and extent of AI involvement and demonstrate indicia of meaningful human creative control. This framework would preserve human-centred originality while improving transparency, administrability, and doctrinal coherence across increasingly AI-mediated creative practices.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 1955–2000. |
| 🔗 Creative Commons | © Copyright |
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