2024years2month9day, India's Ministry of Commerce and Industry announced, The country's current patent and copyright legal framework protects AI-generated works and related innovations. therefore, There is no need for separate new rights for AI-generated works.

According to a press release issued by India's Ministry of Commerce and Industry, India "1957Annual Copyright Act" It provides adequate and effective civil and criminal remedies for infringing activities, including digital circumvention.

To determine whether existing laws are adequate to accommodate emerging technologies such as artificial intelligence, BombayKrishnamurthy & Co. Gautam, a partner at the law firm (Gautam K. M. ) consider, It's important to understand "author" and "possessor" Definition of, And how to understand how these terms relate to AI-generated content.

On the basis of "1957Annual Copyright Act" , The author is usually defined as "Someone who contributes to the creation of a work" . According to the law2articledparagraphichi-zhivitem, The author may be the author of a literary or dramatic work, A producer of films or phonograms, PHOTOGRAPHER, Composer or artist. It could also be to make computer generated literature, drama, Someone who works in music or art.

Gautam said: "Although a simple reading of these definitions can give one an impression, That is, when authorship of such works is granted, There is no particular need for the participation of human authors, But Indian courts have taken a different view, That is, only natural persons can claim authorship of works created and protected under the Act. Consider that AI systems cannot be classified as natural persons, In explaining authorship in relation to the work, There does seem to be a disconnect between the legislative and judicial bodies. "

As for "possessor" One word, Gautam said, "1957Annual Copyright Act" The first17The article specifies different instances of ownership of protected works created for natural persons, such as governments and international organizations, under service contracts or apprenticeship contracts. however, Indian courts have yet to extensively discuss and state their position on the ownership of AI-generated content.

Gautam also said: "The need for such jurisprudence goes beyond identifying the author and owner of a copyrighted work. There is also a need to determine the applicability and enforceability of such rights. One thing to note, Ai is neither a natural person, It's not a legal entity, Neither can enjoy all the benefits provided by the Act, Including moral rights, Nor can they be held liable or penalized for any unauthorized use within the existing structure. In terms of artificial intelligence, Legislatures will have to analyze the scope and nature of these new age technologies, And amend the legislation accordingly. "

Such as, He cites the artist Angette．Sani (Ankit Sahni) UseRAGHAVAi painting application (RAGHAV) Made of two-dimensional artwork "Suryast" The registration of, Sani lists himself and AI tools as authors of the work. According to Gautam, The duration of copyright protection is uncertain, Because of #22clause, The term of copyright protection is the lifetime of the author plus the calendar year following the year of the author's death60years. In the case of co-authors, 60The period of years shall be calculated on the basis of the last author to die.

"Through alignment22Popular interpretation and literal interpretation of the article, This means that the above works will never be available in the public domain, Because it's different from humans, Artificial intelligence is non-existent 'Pass away' The case of. If existing laws are not amended to adapt to the dynamic nature of new age technology, Then AI might be copyrighted forever, Thus contradicting the true intent of the legislation. " (Be compiled fromwww. asiaiplaw. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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