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ARTICLE · 15 NOVEMBER 2022

Artificial Intelligence Art And Indian Copyright Registration

Khurana & Khurana, Advocates and IP Attorneys
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AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input ...

IndiaIntellectual Property

AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion "a machine painting a canvas"). Under the Indian Copyright Act, such works are classified as "computer generated works". In 1995, computer-generated works were added as a category of works, probably at a time when AI was not producing art. Copyright law grants authorship to the "person who causes the work to be created" for such works. It is debatable if AI can be named as an author of a piece. There is no Indian precedent to suggest that computer/software can be given authorship. The Indian Copyright Office similarly provides no policy guidance on whether only humans can be deemed writers.

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