Copyright has emerged as one of the most contentious legal and moral issues surrounding Artificial Intelligence. It questions traditional ideas of authorship, as generative models increasingly blur the boundary between originator and instrument.
Issues Related with GenAI and Copyright
- Input Side- Use of copyrighted materials as input: Key concern is that the copyrighted content is often used in AI training without the license from the rightsholders.
- Output Side- Copyright claims over AI-generated output: Determining the copyrightability of AI generated works, Identifying authorship in AI-generated content, Applicability of moral rights in AI-generated works
Regulatory Issues
- Absence of legal exceptions for AI training: Indian copyright law currently provides no specific exception for text and data mining or for AI training activities.
- Ambiguity over application of fair dealing: The scope of the ‘fair dealing’ exception under Section 52(1)(a) of the Copyright Act, 1957 meant for research, criticism, and reporting is unclear with respect to AI training, creating legal uncertainty.
Key Recommendations of the Report:
- Adoption of a Hybrid Regulatory Model: The paper conceptualize to adopt a hybrid regulatory model which ensures availability of all lawfully accessed copyrighted content for AI Training as a matter of right and fair compensation to copyright holders;
- Statutory Remuneration Rights for Copyright Owners: Copyright owners to get statutory right to receive royalties
Models Practised by other countries
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