GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW IN INDIA: CHALLENGES UNDER THE COPYRIGHT ACT

AUTHOR – ARYA KASHYAP, STUDENT AT AMITY LAW SCHOOL AMITY PATNA

BEST CITATION – ARYA KASHYAP, GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW IN INDIA: CHALLENGES UNDER THE COPYRIGHT ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 236-243, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid evolution of generative artificial intelligence (AI) presents complex challenges for India’s copyright regime under the Copyright Act, 1957, which was enacted in a pre-AI era. This paper examines key legal questions concerning authorship, ownership, originality, and liability in relation to AI-generated works. It argues that while the Act recognises “computer-generated works,” it presupposes human authorship and creative input, making purely AI-generated outputs fall into a legal grey zone. The study analyses issues surrounding training of AI models on copyrighted data, potential infringement, and the adequacy of existing statutory provisions. It also reviews comparative international approaches and evaluates India’s official stance that current laws are sufficient. The paper concludes that legislative clarification or policy guidelines are essential to ensure a fair balance between human creativity, innovation, and intellectual property protection in the age of AI.

Keywords: Artificial Intelligence, Copyright Law, Authorship, Originality, Intellectual Property, Indian Copyright Act, 1957