GENERATIVE AI AND THE CROSSROADS OF ARTISTIC INTELLECTUAL PROPERTY IN THE CONTEMPORARY ERA: AN INDIAN LEGAL PERSPECTIVE

AUTHOR – ABHISHEK SINGH BAGHEL, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – ABHISHEK SINGH BAGHEL, GENERATIVE AI AND THE CROSSROADS OF ARTISTIC INTELLECTUAL PROPERTY IN THE CONTEMPORARY ERA: AN INDIAN LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 335-343, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid ascent of generative artificial intelligence (AI) has transformed the creative sector by allowing machines to generate images, music, and literature that closely replicate human expression. This advancement has prompted significant enquiries regarding the scope, applicability, and enforcement of intellectual property (IP) laws, particularly in jurisdictions such as India, where digital jurisprudence is still developing. This article analyses the convergence of generative AI and artistic intellectual property rights, emphasising the legal, ethical, and commercial ramifications in the modern context. This analysis of the recent Studio Ghibli AI controversy examines deficiencies in existing copyright and trademark protections, evaluates the applicability of fair use, and underscores the necessity for legislative reforms to confront these emerging issues.