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ARTICLE · 08 MARCH 2022

Can A Machine Or Artificial Intelligence (AI) Claim Copyright In The Work Created By It?

Sujata Chaudhri IP Attorneys
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Can a machine or Artificial Intelligence (AI) claim copyright in the work created by it? This question has, off late, garnered a lot of curiosity amongst IP enthusiasts.

IndiaIntellectual Property
Anand Kumar
Anand Kumar
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Can a machine or Artificial Intelligence (AI) claim copyright in the work created by it? This question has, off late, garnered a lot of curiosity amongst IP enthusiasts. The Copyright Review Board of the United States Copyright Office ("CRB") recently addressed this question while adjudicating a second request for reconsideration of refusal to register a 2D artwork created by the "Creativity Machine". The copyright claim was initially refused by the Registration Program on the ground that a work autonomously created by a computer algorithm running on a machine lacks the human authorship necessary to support a copyright claim.

The CRB referred to several judicial precedents, statutes and the compendium on the Copyright Office practice and observed that, in order to claim copyright, a work must be created by a human being. The term 'authorship' implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature,

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