Artificial Intelligence as Author: Rethinking Copyright Law in the Age of Algorithms
This article is written by Aaquib Ali, pursuing B.A.LL.B (Hons.) from Guru Gobind Singh Indraprastha University.
Generative artificial intelligence is a new technology that has fundamentally transformed the creative industry by challenging the central premise of how intellectual property rights are created for human-centred works.
This research will outline the intersection of generative artificial intelligence and existing legal systems in India, and how these two domains differ from those in other jurisdictions regarding acceptable legal guidelines. There are two key areas of consideration for this research: the challenges of who is to be considered the author of generative AI-created works and whether the use of existing copyrighted data is allowed in training sophisticated generative artificial intelligence models. Through analysis of key cases such as Thaler v. Perlmutter and Suryast, this research demonstrates that, although "human authorship" is a significant legal principle in many jurisdictions, it must evolve to accommodate the increasing autonomy that generative AI systems can achieve.
In addition, this research includes a thorough examination of the 2025 DPIIT Working Paper and the 161st Parliamentary Standing Committee Report, both of which recommend a hybrid approach combining mandatory licensing with royalty-based compensation. The author's conclusion, based on this evidence, is that a balanced solution, using elements of a comprehensive framework for both copyright and trademark law, is necessary to allow for technological advancement and, at the same time, protect the economic and moral rights of human creators.
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