Analysis of IP Rights for AI-Generated Works: Copyrights, Patents, and Trademarks, Summaries of Sociology

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A CRITICAL ANALYSIS OF

LAWS GOVERNING THE

INTELLECTUAL PROPERTY

RIGHTS OF WORKS

GENERATED BY ARTIFICIAL

INTELLIGENCE

Introduction

The digital era has seen an increased

dependence on computers and the internet.

Computers have advanced significantly over the past

decade, leading to the invention of AI tools such as

CHAT GPT, OracleAI, CAFEE and AIVA. These

tools can perform various tasks and create works of

great quality. Human-generated works are protected

by intellectual property rights such as copyright,

patent, and trademark law. This research article

focuses on the laws governing the intellectual

property rights of works generated by AI.

Copyrights and AI-Generated Works

The intersection of copyright

laws and artificial intelligence (AI)

generated works has raised significant

questions about authorship and ownership.

According to the Copyrights Act, 1957,

the author of a work is the first owner of

the copyright. However, this becomes

complicated with AI-generated works, as

they involve some level of human input.

Additionally, traditional copyright

protection durations may not align with

the speed of AI-generated content. The

Copyrights Act, 1957 provides that

copyright is valid for 60 years after the

death of the last author. Hence in the case

of AI, the copyrights can be given to the

author. i.e. creator of such AI.

Patent Law and AI The rapid advancement of artificial intelligence (AI) has prompted a shift in various industries, necessitating the need for legal protection for AI-generated works. In India, the Patent Act of 1970 serves as the primary legislation governing patents, including those related to AI-generated works. The Act defines inventions eligible for patent protection, such as novelty, inventive step, and industrial applicability. However, the criteria for eligibility in the case of AI-generated works is not always clear. Additionally, the Act excludes certain subject matters from patent protection, such as mathematical methods and basic scientific principles. The issue of inventorship and ownership of AI-generated works is also a critical issue, yet to be addressed with legal clarity. Though in this situation, the patent rights can be awarded to the first inventor of the AI. when an invention is made by AI because the owner of the Ai is the actual owner of the invention made by AI

Data and Privacy Legal Framework: Various legal frameworks are in place to protect an individual's personal data when using AI, such as the General Data Protection Regulation (GDPR). The Information Technology Act, 2000 also provides some provisions related to activities of AI. Privacy Issues: When AI falls in the wrong hands, it can potentially be misused and lead to identity theft and other nefarious purposes. Therefore, it is important to ensure that the character of the person using AI is ethical and trustworthy, and that privacy protection and technology advancement are balanced. Privacy is protected by the Constitution of India under Article 21, and data protection is essential to gain public trust in technological advancement.

Licensing and Fair Use of AI

The holder of Intellectual

Property grants permission to others to use

their work, subject to specific conditions.

Licensing restricts use of the material and

requires the creator of the AI to be

considered as the owner or holder of the

work. Indian Laws consider only a natural

person as the holder of Intellectual

Property and the human creator or

operator of the AI is liable for any

breaches of copyright by AI. Fair use is an

exception to copyright law which allows

use of the copyrighted work without

permission for purposes such as criticism,

comment, news reporting, teaching, and

research.

Conclusion The intersection of Intellectual Property Rights (IPR) and Artificial Intelligence (AI) is a complex but essential issue. It is necessary to create rules and regulations for ownership, protection, and fair usage of AI-generated content in order to foster innovation. Finding the balance between incentivizing creativity and ensuring ethical accessibility is an ongoing challenge. The Copyrights Act of 1957 and Patent Rights Act provide guidelines for granting copy rights and patent rights to the creator of AI for works generated by AI. Additionally, more regulations must be legislated to specifically define how trademarks can be created using AI to avoid confusion. In the digital age, the need for clear laws to protect the works of AI is increasingly important.