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Understanding The Necessity Of Rebooting Copyright Laws In Context Of The Advancement Of AI


By Advocate Anna Philip, Colleen Biju & Anu Philip.*



Abstract


John McCarthy coined the term "Artificial Intelligence" in 1956, but this term remains undefined legally. It's machines ability to do clever things and it is the science of letting computers perform tasks that people do with intelligence. AI is the ability of computers to think, perceive, learn, problem-solve, and make decisions. AI has hindered Intellectual Property Rights especially Copyright. When computers were invented, copyright laws were not envisioned. AI now completes task without human intervention. Before then, computers were tools that required human input. Copyright protects human creativity. Copyright protects moral and economic rights. Authors create copyrightable works. There are many restrictions to safeguard human work, but when AI creates copyrightable material, the laws need to be changed. The international community must develop a solution for AI-generated work's authorship and ownership under copyright law. AI-generated works will suffer from non-human authorship. The sui generis system or AI-specific copyright laws may solve this challenge. AI-generated works ought to be more strictly regulated, and human invention should be prioritised above machine creativity. Hence, a comprehensive strategy must be established immediately. This research paper elaborates the necessity of revamp copyright laws for AI and AI-generated works.

 

* Author 1 is an Advocate who completed her B.A.LLB, LLM and is enrolled with the Bar Council of Kerala. Author 2 is a fourth semester student pursuing B.A.LLB from N.S.S Law College, University of Kerala. Author 3 is an eighth semester student pursuing B.A.LLB from Government Law College, University of Kerala.


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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