Authorship Anomalies: Copyright in Artifical Intelligence Generated Works

The Author is considered as the first owner of the work and is automatically bestowed with copyright protection upon fixing it in any tangible medium thereby granting him exclusive, moral and non-transferable rights. Author is considered as a personage or corporation and paucity of human involvement act as an impediment in granting protection to copyright. Traditionally for copyrighted works the concept of human author is deeply rooted in the legal jurisprudence as reward is granted to incentivize human ingenuity and creativity. Lately for Artificial Intelligence works involving copyright protection there is minimal or nonexistence of Human involvement and most of the jurisdiction does not recognize Artificial Intelligence as the author. Artificial Intelligence systems are considered as a tool but not creators and based on the degree of the human involvement entailed in creating the input ownership may be provided to the author. The recent case in United States has reinstated the notion that patent applications for machines were denied in multiple jurisdictions involving Artificial Intelligence systems as an inventor as they lack the ability to uphold legal rights. For works created with the assistance of Artificial Intelligence there is a significant human control required in control, arrangement and alteration of work granting them the position of “Electronic Legal Personality” to bear the rights and responsibilities or allocate ownership to persuade innovation and contribute monopoly in the market. This article highlights the evolution of Artificial Intelligence, need for policymakers to extend the definition of term Author, absence of explicit international consensus, the ongoing debates, regulation and guidance in accepting human input as the primary determinant for considering copyright ownerships.