Artificial Intelligence, which was fiction in the 1950s, is more
science and less fiction these days. AI can already compose music;
write lyrics; write scripts for movies and can paint too. Recently,
Nature Morte Gallery in Delhi hosted India's first artwork
exhibition created by Artificial Intelligence. As the artworks
created by AI are becoming ubiquitous, the question arises, who
holds the authorship of the work; creator of the machine, human or
the machine itself.
For a work to be copyrightable it must meet the 'modicum of
creativity', standard setup by the Hon'ble Court in EBC
v. D. B. Modak, in this case court stated that minimal degree
of creativity should be there in the work. Another
essential element is the involvement of human skill, because it is
considered that creativity is a human phenomenon. In the Ninth
Circuit Decision, where a monkey took its selfie, court stated
that the monkey cannot be given copyright for the photographs it
took, reason given
