LEGAL PROTECTION OF CONTENT IN THE AI ERA

This article delves into recent AI [1] advancements, presenting both opportunities and challenges. On one hand, AI technologies have demonstrated remarkable potential in enhancing efficiency, productivity [2], and innovation[3] across various sectors. However, these advancements have also created significant challenges and disruptions for content creators. The utilization of AI algorithms to generate and manipulate content raises serious concerns regarding intellectual property rights and the autonomy of creators[4][5]. This article examines how AI has become a double-edged sword, providing unprecedented opportunities for innovation while simultaneously posing existential threats to creators’ control over their creations. Moreover, the study scrutinizes the existing legal frameworks pertaining to AI regulation in various countries, highlighting the complexities and inadequacies in addressing these emerging threats. Additionally, it investigates how nations lacking comprehensive AI regulations navigate and mitigate the challenges posed by AI without formal legal guidance. Through this analysis, the research aims to provide insights into the evolving landscape of AI development and its implications for intellectual property rights and legal governance both in India and across global contexts.

Key Words:

Artificial Intelligence, Intellectual Property Rights, Copyright, Creation, Violation, Digital Content, Information Technology.

INTRODUCTION:

Artificial Intelligence (AI) in India may seem like a new phenomenon, particularly since the rise of ChatGPT, garnering global attention. However, AI has quietly integrated into our lives over time, impacting various aspects from customer service to business operations. While there’s excitement about AI’s potential to revolutionize industries, there are also concerns, especially among creatives who pour their energy into bringing ideas to life. The emergence of AI as a competitor poses challenges not only to their creativity and productivity but also to their intellectual property rights. This research aims to explore the hurdles faced by content creators in safeguarding their intellectual property rights in the face of advancing AI technology. Additionally, this article will examine how other countries are addressing similar challenges and compare their approaches with India’s. By analyzing global responses to AI’s impact on intellectual property rights, we aim to provide insights into how India can navigate these issues effectively within its unique socio-legal framework. Through this comparative analysis, we seek to identify best practices and potential areas for improvement in India’s approach to protecting creators’ rights in the age of AI.

ARTIFICIAL INTELLIGENCE IN INDIA:

Artificial Intelligence (AI) has a rich history in India dating back to the 1960s, when Professor H.N. Mahabala introduced AI concepts at IIT Kanpur. Additionally, the creation of Knowledge-Based Computing Systems (KBCS) in 1986 by UNDP further propelled India’s focus on AI [6]. During the late 20th century, AI research and development were in their infancy, with educational institutions like the Indian Institutes of Technology (IITs) nurturing talent and fostering AI research. However, it wasn’t until the 21st century that AI gained significant traction in the country [7]. In recent years, India has witnessed a remarkable surge in AI adoption, particularly amid the global pandemic. With a 45% increase in AI usage compared to major economies like the US, UK, and Japan, sectors severely disrupted by COVID-19 have embraced AI as a business necessity rather than a luxury. Notably, industries such as travel and hospitality (89%), telecom, media, and technology (86%), financial services (82%), and healthcare and pharma (73%) have led the charge in AI implementation [8].

Moreover, creators in India have leveraged AI to transform various sectors. For instance, AI-powered content generation tools have enabled creators to produce high-quality content efficiently[9]. Similarly, AI-driven recommendation systems have revolutionized content curation and personalized user experiences across platforms. Additionally, AI-powered analytics tools have empowered creators to gain valuable insights into audience preferences and behaviour, informing content strategies and decision-making processes.

HOW AI IS TRANSFORMING CREATOR’S ECONOMY IN INDIA:

Over time, there has been a significant paradigm shift in the evolution of social media and other digital platforms. The increased screen time[10] is a testament to the fact that how digital content is rapidly displacing traditional forms of media. This trend has fostered a flourishing creator economy [11], with an increasing number of individuals viewing content creation as a viable alternative career path for their creative talents.

Moreover, Artificial Intelligence (AI) has emerged as a pivotal factor driving this expansion. By introducing innovative tools and technologies, AI has leveled the playing field for creators, making content creation more accessible and intuitive. These AI-powered tools have streamlined the creative process, empowering creators to unleash their imagination and produce high-quality content with greater ease and efficiency. As a result, AI has infused the field of content creation with a new wave of innovation and creativity, opening up exciting opportunities for aspiring creators to thrive in this dynamic digital landscape.

Here are several ways AI is revolutionizing digital content creation, providing valuable assistance to creators.

Reaching Targeted Audience:

AI algorithms empower content creators to effectively reach their intended audience by analyzing user interactions with the content. Leading platforms have integrated these algorithms to tailor content recommendations based on individual user preferences and behaviors. Additionally, through paid campaigns, creators can leverage these algorithms to target specific audience segments defined by their chosen filters.

Advanced Content Creation Tools:

AI-powered tools [12], such as automated video editing software, voice dubbing, audio editing, thumbnail generation, script writing, and audio and video generation from descriptions, as well as image recognition for optimizing visuals, significantly streamlining the content creation process, and enabling creators to produce high-quality content more efficiently.

Guarding brand identity:

AI serves as a crucial asset for creators in cultivating a positive online space by effectively screening out spam and inappropriate content. This proactive moderation ensures that the potential audience remains shielded from negative influences, thereby upholding the creator’s brand reputation and fostering a welcoming community experience.

Innovative Content Formats:

AI technologies such as virtual reality (VR), augmented reality (AR), and interactive storytelling tools enable creators to explore innovative content formats and deliver immersive experiences to their audience, driving engagement and differentiation in the crowded digital landscape.

Data-driven decision-making:

Advanced AI-driven analytics tools integrated into applications offer creators real-time data on user interaction, including demographics such as age and gender. This enables creators to tailor content to meet the specific needs of their audience, enhancing its quality and relevance.

Time and cost-effective:

AI significantly enhances the content creation process by automating tasks [13] like video editing, transcription, and image recognition, freeing up creators to focus on high-value activities. AI-driven analytics also offer valuable insights into audience preferences and trends, allowing creators to craft targeted content more efficiently. This streamlined process results in significant cost savings, as creators can achieve high-quality results with fewer resources, ultimately maximizing their return on investment.

HOW AI POSES A THREAT TO CONTENT CREATORS:

In recent times, AI has emerged as a significant threat to content creators by providing tools that undermine creativity and facilitate the production of similar content with minimal effort. This trend not only devalues originality but also poses a threat to the intellectual property of professionals such as writers [14][15], whose work can be easily replicated or plagiarized by AI-generated content. Furthermore, the saturation of AI-generated content in the digital landscape diminishes the visibility and recognition of authentic creators, making it increasingly challenging for them to stand out and gain audience traction. The rise of deepfakes poses an additional threat to content creators, particularly those whose content is publicly available and easily manipulable. Deepfakes, which use AI algorithms to create highly convincing fake videos or audio recordings, have the potential to damage the reputation and credibility of creators by spreading false or misleading content. This cyber security risk [16] further exacerbates the challenges faced by content creators in protecting their intellectual property and maintaining trust with their audience. Additionally, as AI algorithms continue to improve, there is a growing concern that human creativity may become overshadowed by automated processes, leading to a homogenization of content and a loss of diversity in creative expression.

Furthermore, AI-generated models and influencers [17]are increasingly replacing human creators, posing a direct threat to the livelihoods of content creators who rely on personal branding and authenticity to connect with their audience. These AI-generated entities can be programmed to cater to specific audience preferences and trends, often overshadowing the genuine connection and personality-driven content that human creators offer. As a result, human creators face heightened competition and diminished opportunities for collaboration and sponsorship in an environment increasingly dominated by AI-generated personas.

HOW INDIAN LAW DEALS WITH THE AI-GENERATED CONTENT:

In India, a debate is ongoing regarding the ownership of content created with AI assistance [18], as there are no specific laws addressing this issue. The central question is: who should be recognized as the rightful owner of such content? Should it be the AI itself, its owner, or the individual who provided prompts for its creation? The Copyright Act of 1957 does not mention AI-generated works or acknowledge AI as an ‘Author’. Section 2 (d) (vi) defines authorship of such works as “the person who causes the work to be created”.

Both Indian and foreign courts have consistently stressed the importance of human intervention in such works [19] . In 2019, the Delhi High Court [20]dismissed a copyright claim over a list compiled by a computer due to the lack of human intervention. In 2021, Ankit Sahni became the first person to secure copyright registration, acknowledging an artificial intelligence tool, RAGHAV, as a co-author of an artwork. However, months later, the copyright office issued a withdrawal letter seeking clarification on the legal status of the Raghav AI Painting App, citing sections 2 (d) (iii) and 2 (d) (vi) of the Copyright Act. While the application to register AI (RAGHAV) as the sole author was rejected, the Indian Copyright Office approved the application where the creator was designated as a co-author alongside the AI tool.

Liability And Infringement

Determining liability for content generated by AI systems poses significant challenges, as it necessitates a clear understanding of the roles played by AI systems, users, and developers. Both the creators and consumers of AI-generated content must adhere to existing copyright laws. However, the complexity of identifying the true copyright owner arises when AI generates content without any human input. Since AI lacks legal personality, issues may arise regarding copyright infringement. In the absence of legal recognition for AI, individuals are typically held accountable for infringement under the Copyright Act. To ensure accountability in case of infringement, it is crucial to establish human input in the creation process.

HOW DO LAWS IN OTHER COUNTRIES ADDRESS AI-GENERATED CONTENT:

Recent lawsuits against industry giants like Google[21] and Microsoft[22] have ignited controversy surrounding AI-generated content. As technology continues to advance, legal frameworks struggle to keep pace, prompting debates over accountability and the evolving role of AI in content creation and intellectual property rights. Let’s explore how different country’s legislations deal with intellectual property right over AI-generated content.

UNITED KINGDOM:

According to Section 9 (3) of the United Kingdom’s Copyright, Designs, and Patents Act, 1988 (CDPA), for literary, dramatic, musical, or artistic works generated by the computer, the author is considered to be the individual responsible for arranging the creation process. Additionally, Section 178 of the CDPA defines computer-generated work as content created solely by a computer without human authorship. The CDPA somewhere concurs with India’s stand and deals accordingly.

IRELAND:

Under the Irish Copyright and Related Rights Act, 2000, Section 21 defines the ‘author’ as the individual responsible for creating a work, which includes the person who arranges the necessary process for generating a computer-generated work. Moreover, the Act defines ‘computer-generated’ in Section 2 (1) as pertaining to a work created by a computer in circumstances where the author is not an individual. The Irish law is no different from the UK and provides the same conditions to fall under the category of ‘author’ to claim copyright.

UNITED STATES:

In a groundbreaking ruling by the US Court, neither the owner of the machine (as it was the machine that created the work) nor the machine itself (due to its lack of personhood) was granted registration as an author under copyright laws.

The United States District Court for the District of Columbia addressed and resolved a significant issue regarding the copyrightability of works autonomously generated by an AI system in the case of Stephen Thaler v. Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, et al. The court’s decision, rendered on August 18, 2023, concluded that the Copyright Office appropriately denied copyright registration for a work created without any human involvement.

CHINA:

In the case of Feilin v. Baidu [23], a ruling by the Beijing Internet Court in China addressed the copyright protection of AI-generated work. The disputed work, titled “Analytical Report on the Judicial Big Data in the Film and Entertainment Industry: Film Industry in Beijing,” was created using Wolters Kluwer China Law and Reference software. The court confirmed the originality of the report’s content and its compliance with the formal requirements to be considered a “literal work” under copyright law. However, it emphasized that the involvement of a natural person in creating a work is a necessary condition for copyright protection. Despite the resemblance of the content generated by intelligent software to that produced by a natural person, the court upheld the fundamental principles of copyright law, including the concept of authorship.

Furthermore, the court examined the roles of natural persons in generating the report. It concluded that neither the software developer nor the software user could be deemed the author of the report. While acknowledging the software’s contribution to generating the report, the court determined that the software itself could not be considered an author. [24]

EUROPEAN UNION:

The European Union has been actively deliberating on copyright ownership and exceptions concerning AI-generated works. Under the current framework of copyright laws, ownership is typically attributed to the natural person who created the work, posing challenges when the work is generated by AI.

In 2019, the European Commission released a report titled “Intellectual Property Rights for the development of artificial intelligence technologies,” which outlined recommendations for the EU’s approach to copyright ownership and exceptions. One recommendation proposed the creation of a new legal status for “AI-generated works,” allowing for copyright attribution to a non-natural person entity. This proposal aims to bring clarity to the ownership of AI-generated works and potentially streamline their commercialization process.

SUGGESTIONS:

To address the challenges posed by AI-generated content within the Indian context, several measures can be considered. Firstly, legislative reform is essential, where existing copyright laws, such as the Copyright Act of 1957, should be amended to explicitly address AI-generated works and clarify ownership rights. Additionally, raising public awareness among creators, consumers, and policymakers about the implications of AI on intellectual property rights is crucial. Ethical guidelines should be developed and implemented to ensure transparency, accountability, and fairness in the creation and distribution of AI-generated content. Moreover, investing in research and development in AI ethics and copyright law can help India stay ahead of technological advancements and emerging legal challenges. Capacity building of legal and regulatory institutions is also necessary to effectively address the challenges posed by AI-generated content, which may involve providing specialized training to legal professionals, judges, and policymakers on AI-related legal issues. By implementing these measures, India can better navigate the evolving landscape of AI-generated content creation while safeguarding the rights of creators and promoting innovation and creativity in the digital sphere.

CONCLUSION:

while AI presents both opportunities and challenges for content creators in India, it is imperative to enact legislative reforms that explicitly address the ownership and protection of AI-generated works under existing copyright laws. Furthermore, international collaboration and the development of ethical guidelines are essential to ensure transparency and accountability in the creation and distribution of AI-generated content. By prioritizing public education and investing in alternative dispute-resolution mechanisms, India can effectively navigate the complexities of AI-generated content while safeguarding the rights of creators and fostering innovation in the digital sphere.

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[20] Navigators Logistics Ltd. v. Kashif Qureshi & Ors. 254 (2018) DLT 307

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[22] Allyn, B. (2023b, December 27). “New York Times” sues ChatGPT creator OpenAI, Microsoft, for copyright infringement. NPR. https://www.npr.org/2023/12/27/1221821750/new-york-times-sues-chatgpt-openai-microsoft-for-copyright-infringement

[23] Lee, J.Y.: Artifcial intelligence cases in China: Feilin v. Baidu and Tencent Shenzhen v Shanghai Yingxin. China WTO Rev. 7(1), 211–222 (2021)

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