RECONSTRUCTING AUTHORSHIP: PSEUDO CREATIVITY AND ARTIFICIAL INTELLIGENCE IN COPYRIGHTABLE WORKS

Authorship and Creativity converge when human encapsulates the intellectual endeavor and
autonomous production of the creator. In the contemporary landscape of AI-generated creations,
the emergence of pseudo creativity poses significant challenges to the fundamental principle of
human authorship within the framework of copyright law. In pseudo creativity the artistic
expression of the humans is mimicked but the output produced is algorithmic patterns which lack
mental acuity. The objective of this article is to explore the aspect of territorial and extra-terrestrial
law to protect the works curated by artificial intelligence without any human intervention and
whether such works comply with the criteria of originality and creativity as emphasized in the
Copyright Law. It examines the realm of artificial intelligence in the domain of copyright law by
channelizing creativity and expressing original ideas of author in a digital platform. AI Generated
work lacks legal personality consequently allowing defiance to be adhered to by the creator of the
work. Dearth of human intervention raises a concern whether the work produced by artificial
intelligence is creative and original enough to be granted protection under the copyright law of any
country. Artificial intelligence is considered merely as a tool to aid humans, and their primary
claim lies in granting locus standi to machine by recognizing their personhood. This article further
highlights the issues by analyzing the case laws and legal notions in other countries thereby
providing a compatible solution and road map for future endeavors.