“The Mirage of Creativity: Human Authorship and Artificial Intelligence in Copyright Law”

Bhargavi, P. and Aswathi, Sukumaran “The Mirage of Creativity: Human Authorship and Artificial Intelligence in Copyright Law”. In: 2nd International Conference on Law and Social Sciences, 28-29, March, 2026., The International Institute of Justice & Police Sciences, Bengaluru, Karnataka, India AND the Tamil Nadu Dr. Ambedkar Law University, Chennai, Tamil Nadu, India, AND Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Profession. (Submitted)

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Abstract

Man Made Intelligence has reengineered the conventional notion of inducing copyright protection to skill, labour and autonomous innovation of human to pseudo creativity. It confers novelty on surface level by mimicking the human persona as there is paucity of human intervention and mental shrewdness in works generated by spectrum of artificial intelligence. The objective of this research paper is to conduct doctrinal research by exploring the procurable laws and their extent in granting protection to original expression of the works generated by artificial intelligence in the absence of human intrusion. Sparse presence of human author raises a prima facie concern as to degree of creativity and originality pertinent to meet the standard set by the copyright act of any jurisdictions. In Beijing Internet Court, copyright protection for works generated by artificial intelligence has been accorded to human beings, thereby considering AI system as a mere tool and not a legal personality. Upon recognizing the legal personhood of AI system, their prerogative and onus can be determined by analyzing their contribution in yielding the work. It explores the existing lacunae in the present legislation by critically interpreting the landmark cases and providing recommendation as a road map for future research.

Item Type: Conference or Workshop Item (Paper)
Subjects: Legal Studies > Constitutional Law
Legal Studies > Intellectual Property
Domains: Legal Studies
Depositing User: Mr IR Admin
Date Deposited: 19 May 2026 09:43
Last Modified: 20 May 2026 10:56
URI: https://ir.vistas.ac.in/id/eprint/15545

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