This article is written by Reeba Banday.
In today’s world, Artificial Intelligence (AI), which basically means the stimulation of human intelligence processes by machines has become an inseparable part of society and is affecting various sectors relating to healthcare, education, finance, entertainment, and law.The Creation of music, art, literature, and even draft legal documents, as well as the analysis of judgments, all fall within the purview of creative and intellectual works that AI systems are now capable of producing and which traditionally have been linked with human authors alone. This development in technology has attained effectiveness, efficiency, and innovation on one side while emerging as a potential threat on the other, particularly with respect to copyright law.
The purpose of copyright law is to protect the creative works of people by giving them ownership rights. The rise of AI-generated works has raised questions about how copyright law applies to nonhuman created work. Many people have begun to question who owns a work produced by an AI system, whether the AI itself can be considered to be an author(creator), and whether or not using a copyrighted material as part of training an artificial intelligence system is a form of copyright infringement in the context of the country in which they were created. In addition to this, the use of large amounts of data collected from different sources to train AI, especially the inclusion of private and copyrighted data, raises concerns about privacy and unauthorized access to this data that could lead to violations of an individual’s rights. Furthermore, the increasing use of AI in all aspects of our daily lives raises fears of job loss, especially in creative and professional fields. In this article, we will look at how AI interacts with copyright Law in India and discuss some of the legal and privacy issues associated with providing legal protection for this type of technology, the impact of AI on employment, and the need for new legal protections and regulations for AI in the future.
Artificial Intelligence and Copyright Challenges
An important issue concerning artificial intelligence is the determination of ownership for generated content. The Copyright Act of 1957 protects original works produced by human authors only. Thus, the Copyright Act assumes that creativity is only possible through human authors. However, in recent years, artificial intelligence has been capable of independently producing paintings, poems, and music, with no or minimal input from a human. Artificial intelligence, under Indian copyright law, is not classified as either a legal person or an author. Therefore, there is uncertainty about the ownership of AI-generated content whether it belongs to the user, the software developer, or the organization/enterprise that created the AI. As a result of this ambiguity, AI-generated works can be classified as a “grey area” of copyright law. The second major issue is AI models are trained on large datasets that have content from different sources like books, articles, music, photographs, etc., and in most cases, this content is used without the permission of the author or creator. This leads to questions about whether the use of the data also constitutes copyright infringement or whether it falls within the
definition of fair use or fair dealing exceptions to the copyright rule. On top of that, AI-generated outputs often do not acknowledge or credit the original sources from which the data was derived. Not giving credit to the rights holders of the content not only affects their moral rights but also raises questions about the copying of someone else’s work without permission (plagiarism). By producing similar content to the ones that are
protected by copyrights without giving the deserved credit, AI systems diminish the originality and the recognition of the human creators who made those works. Therefore, the practice of using copyrighted data without any control for AI training can be the cause of plagiarism, dilution of authorship, and intellectual property rights getting less and less, like a snowball effect.
Data Privacy Concerns in AI Systems
Data privacy is one of the very serious problems that has been raised with the rise of AI technologies. To operate efficiently, AI mechanisms should be provided with massive data sources that are inclusive of personal information such as names, photos, and voice recordings. The unauthorized collection, storage, and processing of such data can violate an individual’s right to privacy. In India, the right to privacy has been recognized as a fundamental right under Article 21 of the Constitution. With the introduction of the Digital Personal Data Protection Act, 2023, the legal framework for data protection has been strengthened. However, challenges remain in ensuring compliance by AI developers and organizations. AI systems may unintentionally process sensitive personal data, leading to profiling, surveillance, and misuse, which could lead to profiling, spying, and other forms of applying the data incorrectly. As an instance, the use of facial recognition technologies as well as AI- driven analytics tools may result in the practice of mass surveillance and discrimination. In case AI is trained on personal data without gaining the consent of the data owner, it becomes a serious issue both from an ethical and legal standpoint. Consequently, it is very important to find a middle ground between innovation and privacy so that the development of AI can be kept accountable.
Impact of Artificial Intelligence on Employment
The use of AI has raised the question about what effect AI will have on employment. Many people think that AI will replace human workers, particularly in repetitive and creative jobs such as content writing, graphic design, and even research in the legal field. It is also a fact that AI, by means of automation, can take over many kinds of repetitive tasks. However, this doesn’t imply that there won’t be any job openings for humans anymore. Many jobs, rather than being eliminated altogether, will probably be transitioned to other types of job functions or employment models. As an example of this, new job categories have been created, including the ‘AI Compliance Officer,’ ‘Legal Tech,’ ‘Data Privacy Champion,’ and ‘Cultural Ethical Compliance Champion.’ As the legal industry adopts new technologies to support and enhance its operations, it will likely see more use of AI-based solutions to provide legal support in areas such as research, document analysis, and case management. In order to prevent workers from being ‘suddenly’ displaced by the introduction of new technologies, current employees will need to be retrained to meet the new work demands created by the introduction of AI technologies. Employment laws, policies, and regulations must, therefore, reflect this evolving aspect of the workforce and continue to provide
sufficient protections and rights for employees, particularly as AI continues to evolve.
Case Laws
Justice K.S. Puttaswamy v. Union of India (2017)
In this landmark judgment in which, the Supreme Court of India recognized the right to privacy as a fundamental right under Article 21 of the Constitution. This ruling is significant in terms of the impact of AI technology; all forms of AI applications using an individual’s personal information must consider that individual’s respect, privacy, and dignity. The collection and processing by AI systems of private information about individuals without
their consent would infringe upon an individual’s constitutional protections and rights.
Eastern Book Company v. D.B. Modak (2008)
The Supreme Court held that copyright protection requires a minimum degree of creativity and originality. This case is relevant to content produced by artificial intelligence (AI) in that it raises the issue of whether or not AI generated works will satisfy the requirement of originality, particularly when humans are not substantially or meaningfully involved in the creation process.
In the case of R.G. Anand v. Delux Films (1978), the legal principle established is that copyright law protects only the tangible expression of an idea, rather than the idea itself. Therefore, in terms of AI-generated content, this decision is relevant when considering whether or not an infringement may have occurred on pre-existing works that are protected by copyright law.
International Perspective on AI Authorship
All over the world, courts and legislators are encountering the same basic problem with the use of AI in copyright law. One of the most debated aspects of copyright law is whether works created by AI will be entitled to copyright protection when there is no direct human author involved in creating the work. Most of the laws related to copyright were created under the assumption that at least some type of human being has created the work; however, when machines autonomously produce creative work, the law creates uncertainty as to the legality of the work produced. Copyright claims for AI-generated works have been denied by multiple courts across a number of jurisdictions for the reason that copyright protection typically requires a human “author.” In fact, the courts have agreed for many years that three of the major components of copyright law (creativity, originality, and invention) are human traits; thus, works created solely by an AI system, with little or no involvement of a human creator, usually don’t receive copyright protection. It is evident that there is a larger gap now than ever before between the advancement of technology and the existing legal framework that applies to copyright.
Conclusion
Artificial intelligence has presented opportunities and challenges across copyright law and other fields, including data privacy and employment in India, due to the efficiency and innovation brought about by AI-dominated creativity and automation but at the same time has also highlighted some of the inadequacies of the current legal systems in these areas, whether it be related to an author’s right to be considered the creator of an AI-created work, the lack of clear data-use regulations related to AI, or the lack of accountability for companies making use of or selling AI-generated products or services. There needs to be a transformation in India’s legal system in relation to how it approaches AI-related issues and many other issues relative to evolving technologies. An effective legal transformation will only take place when intellectual property rights are protected, personal data is protected, and there are protections and avenues in place for the workforce as it continues to evolve due to AI technologies. Through creating responsible governance around AI, India will put itself in a position where
the progress made by the technology is consistent with legal standards, ethical standards, and the welfare of society.
Frequently Asked Questions
- Can artificial intelligence be considered an author under Indian copyright law?
No, Indian copyright law currently recognizes only human authors. AI is not considered a legal person or author.
- Does training AI on copyrighted data amount to infringement?
Indian law does not explicitly address this issue, making it a matter of legal uncertainty and
debate.
- How does AI affect data privacy?
AI systems process large volumes of personal data, which can lead to privacy violations if not
regulated properly.
- Will artificial intelligence reduce employment opportunities?
AI may replace certain repetitive tasks but also creates new job roles. The focus should be on
reskilling and adaptation rather than job loss.
References
https://www.meity.gov.in/content/digital-personal-data-protection-act-2023
