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  • Copyright in the Era of Generative AI: The Debate Persists

    Introduction

    The fast pace of progress in generative artificial intelligence (AI) has revealed entirely new ways to create, disseminate, and use content in today’s time. Generative AI systems are now used for everything, for example like creation of visual images, musical compositions, articles, software code, and even poetry. Such AI systems have made their way into creative and commercial endeavours alike. While these technologies open endless avenues for creativity and productivity, they raise complicated legal and ethical issues, of which one of the most controversial and debated is generative AI copyright.

    The copyright laws intend to safeguard creative works and drive innovation, but they must face tests imposed by new technologies capable of producing almost human-like creations in seconds. Lawmakers, technology firms, legal experts, artists, and consumers are concerned about who owns the creations of generative AI, whether it is appropriate to train AI systems with the use of copyrighted material, and whether rights must be given to those who create copyright-protected works in the manual way. Platforms such as TMWala can assist by simplifying the copyright registration process, helping creators protect and document ownership of original works, and providing guidance on broader intellectual property protection

    Understanding Copyright in the Digital Age

    Copyright refers to a system of laws that gives original creators exclusive rights over their artistic creations like novels, music, plays, and any other artistic work. These rights ordinarily involve reproduction, distribution, adaptation, and communication of the work in question. The main aim of copyright is to protect creativity while promoting diffusion of knowledge and culture. For official information on copyright registration, legal procedures, and applicable rules in India, creators can refer to the Copyright Office, Government of India.

    Conventionally copyright has presumed that the creator of a work is human. However, with the growth of generative AI is challenging this notion by producing materials with little or no human involvement. Therefore, a crucial question arises whether a machine can be called an author or whether the creator of the AI should be regarded as an owner of the work.

    In many jurisdictions copyright law does not provide any legal answers in this sense thus creating legal problems.

    How Generative AI Works

    Generative AI models take in huge datasets consisting of texts, images, music, videos, and different kinds of content. While learning from the datasets, these systems are said to check for connections and patterns in data and not to memorize specific works. When generating outputs, these systems rely on their prompt from the users.

    While producing unique-looking content, AI makes use of materials that are already out there. The training data is believed to involve copyrighted material from books, websites, artworks, photographs, news articles, and other forms of digital material used for free by the public. 

    The Training Data Controversy

    Usage of copyrighted content for purposes of AI training is a controversial copyright issue. Business firms in the technological field argue that the process of AI training involves the use of data rather than the reproduction of any form of artistic expression. They argue that AI develops statistical associations instead of storing entire copies of works protected under copyright law, and therefore the learning of AI can be compared to that of humans.

    At the same time, artists, musicians, journalists, photographers, and authors have a contrasting view on the problem. They maintain that AI uses creative work for commercial purposes without obtaining any licenses or paying any royalties, and many of creators believe that if their creative work is used in the process of making AI, they should get a credit for it as well as any other compensation that they are entitled to.

    Due to the disagreement, there have been a lot of cases in different countries. Courts are often asked to adjudicate whether AI training is fair use, fair dealing, or copyright infringement provided the relevant national legislature.

    Ownership of AI-Generated Content

    Most copyright laws necessitate work to show originality owing to human creativity. Hence, AI-generated work may not enjoy copyright protection in various jurisdictions. With no human author, such works may instantly become part of the public domain.

    Nevertheless, numerous AI products involve substantial human intervention. Users may craft their prompts, modify the output, and combine several outputs. Therefore, the issue of how much creativity was exercised by the user is of paramount importance.

    Possible claims of ownership include the following:

    • The user who issued the prompt.
    • The developer of the AI system.
    • The person or organization that made use of the AI.
    • Combined ownership.
    • Lack of copyright protection because of the absence of enough human authorship.

    The absence of international consensus has created problems in obtaining copyright for businesses and professionals relying on AI-generated works.

    The Role of Fair Use and Fair Dealing

    Copyright litigation over ownership of AI raises questions of fair use and fair dealing.

    In those jurisdictions where fair use is recognized, courts typically analyse the following factors for consideration:

    • The purpose and character of the use;
    • The nature of the originating work;
    • The amount of material being used; and
    • The effect on the market value of the original work.

    It is still unclear whether AI training is deemed as fair use. Different conclusions could be reached in court based on how AI models were created, whether the content is present in outputs, and the nature of the technology.

    Countries implementing fair dealing mechanisms use exceptions that are narrower, which can potentially lead to different legal outcomes.

    Emerging Regulatory Responses

    Governments worldwide are actively examining how copyright laws should respond to generative AI. Some policymakers advocate mandatory transparency regarding training datasets, allowing creators to determine whether their works have been used. Another is licensing systems through which AI developers would compensate copyright holders for access to protected content.

    Several proposals also include:

    • Greater disclosure requirements for AI developers.
    • Mechanisms allowing creators to opt out of AI training datasets.
    • Collective licensing arrangements.
    • Clear labelling of AI-generated content.
    • Updated copyright definitions recognising varying levels of human contribution.

    International cooperation may become essential, as AI systems frequently operate across national borders.

    Ethical Considerations Beyond the Law

    Legal compliance alone may not resolve the broader ethical concerns surrounding copyright issues in generative AI.

    Many creators argue that respect for artistic labour extends beyond copyright law. Even if AI training is legally permissible, questions remain about fairness, transparency, attribution, and consent.

    AI developers increasingly recognise the importance of responsible innovation. Some organisations are exploring licensing agreements with publishers, artists, music companies, and stock image providers. Others have introduced safeguards to reduce the generation of content closely resembling copyrighted works. Building trust between technology developers and creative communities may prove just as important as legal reform.

    Finding the Right Balance

    Policymakers face the task of finding the right balance between two critical goals. On one side, strict copyright laws can stifle innovation in AI and exacerbate expenses in development and scientific breakthroughs.

    On the second side, without adequate protection, human creativity may suffer since it would permit commercial exploitation of their original works without permission and compensation.

    Hence, there is a need to have a legally balanced approach that would facilitate innovation and at the same time keep creators’ rights to their intellectual property intact.

    The Road Ahead

    The ongoing debate over copyright issues arising from generative AI technologies will continue to develop in accordance with advancements in technology, court decisions, and changes in legislation. 

    Future regulations may create a distinction among types of AI-generated content according to human involvement and AI training methods. There may also be a necessity for harmonization of copyright laws among countries to achieve a unified approach to cross-border digital technologies. 

    Enterprises implementing generative AI should respect regulations that change constantly and implement responsible AI regulation policies in accordance with copyright laws. At the same time, creators of generative AI technologies need to be aware of licensing and other legal protection possibilities.

    Conclusion

    Generative AI is one of the game changing and advent technologies of the 21st century, bringing unique new possibilities in the fields of creativity, efficiency and innovation. However, it also creates challenges to a few traditional assumptions on which copyright law is based. Issues related to ownership, authorship, licensing and copyrighted training data are still open to debate, which means that the legal and political disputes continue all around the world. 

    As numerous stakeholders, including governments, courts, technology firms and creative communities, are shaping the future of copyright legislation, it’s crucial to strike the right balance between protecting creator’s interests and promoting innovation. Good regulation should guarantee that creator’s interests are protected without putting any obstacles on the way of innovation. TMWala supports individuals, startups, and organisations by streamlining copyright registration and offering guidance on intellectual property matters, enabling creators to focus on innovation while taking practical measures to safeguard their creative works in the age of generative AI.

    FAQs

    1. What is generative AI?
    Ans. Generative AI creates text, images, music, code, and other content using machine learning.

    2. Can AI-generated content be copyrighted?
    Ans.  It depends on the country’s copyright laws and the level of human involvement.

    3. Is it legal to train AI on copyrighted content?
    Ans. This remains a debated legal issue in many jurisdictions.

    4. Who owns AI-generated content?
    Ans. Ownership varies based on applicable laws and the extent of human contribution.

    5. Can AI copy copyrighted works?
    Ans. AI should not reproduce copyrighted content, but disputes can arise in some cases.

    6. Why is copyright important for creators?
    Ans. It protects original works and grants creator’s exclusive legal rights.

    7. Should creators register their copyright?
    Ans. Registration strengthens ownership claims and aids in legal enforcement.

    8. How can businesses protect AI-assisted creations?
    Ans. By documenting human contributions and securing intellectual property where applicable.

    9. How does TMWala help creators?
    Ans. TMWala assists with copyright registration and intellectual property guidance.

    10. Will copyright laws change because of AI?
    Ans. Many countries are considering updates to address AI-related copyright challenges.

  • COPYRIGHT REVIEW AMID AI CHALLENGES

    Introduction

    The rapid emergence of Artificial Intelligence (AI) technologies has transformed creative industries, raising fundamental questions about copyright law’s scope and applicability. AI systems are increasingly capable of generating literary, artistic, musical, and software works autonomously, challenging traditional notions of authorship, originality, and ownership. This article critically examines the concept and importance of copyright protection in India, outlines the process of copyright registration, and explores the emerging challenges AI poses during registration and beyond.

    What is Copyright?

    Copyright is a legal framework established to preserve authors’ rights over their original works.It grants exclusive legal rights to authors to reproduce, adapt, distribute, and publicly communicate their creations.

    Under the Indian Copyright Act, 1957 (hereinafter ‘the Act’),

    • Sections 13 and 2(o): copyright subsists in “original literary, dramatic, musical and artistic works” and “cinematograph films” and “sound recordings” and computer programmes, tables and compilations, including computer databases, respectively.
    • Section 14: The law confers rights such as reproduction, adaptation, translation, and communicating it to the public.
    • Section 2(d): The Act defines an “author” as the person who creates the workand protection attaches automatically upon the work’s creation, provided it meets originality criteria.

    Originality, central to copyright, traditionally implies a minimum degree of human creativity and intellectual effort.

    Relevance of Copyright Protection

    Copyright incentivises creativity by granting authors exclusive control over the use and exploitation of their works. It enables economic benefits through licensing and royalties, fosters cultural development, and promotes innovation in creative and technological fields. Copyright also protects moral rights, such as the ability to claim authorship and object to disparaging use of the work.

    Copyright Registration in India

    Though copyright arises automatically on creation, registration offers valuable legal benefits. Registration creates prima facie evidence of ownership and the validity of copyright, which proves crucial in infringement disputes.(Copyright Act, 1957, s 48)

    The registration procedure involves:

    • Filing an application with the Copyright Office, accompanied by the work’s copies and proof of ownership.
    • Examination by the Registrar to ensure that all statutory criteria/requirements have been met.
    • Publication of the work in the Copyright Journal invites objections.
    • Resolution of objections, if any, and final registration.

    During examination, the Registrar assesses whether the work is original and whether the applicant is the true author or rightful owner. Clear evidence of human authorship and originality is essential to successfully register the work.

    In this context, platforms like TMWALA can greatly assist creators by streamlining the copyright registration process, guiding applicants through documentation requirements, submission, and follow-up, even when works involve AI-assisted creation.

    Illustration

    Suppose an author submits a manuscript of a novel to the Copyright Office for registration. The Registrar verifies whether the manuscript is original and created by the applicant. If the applicant satisfactorily proves authorship and originality, the work is registered, securing the author’s exclusive rights.

    Artificial Intelligence and Challenges in Copyright Registration

    The advent of AI-generated works complicates established copyright principles. AI tools can produce texts, images, music, or software with minimal or no human creative input. This raises the pivotal question: ‘Who is the author?’

    Indian law, as per Section 2(d) of the Act, recognises only natural persons as authors, excluding non-human entities like AI. The absence of human creativity as a prerequisite for originality creates legal uncertainty for AI-generated works.

    TMWALA’s expert legal and technical support can help creators and businesses prepare strong copyright applications that clarify human authorship and originality, thereby improving the chances of successful registration despite the complex role of AI.

    AI in the Registration Process

    Consider a scenario where a user inputs a prompt into an AI language model, which generates a short story. If the user applies for copyright registration of this story, the Registrar faces difficult questions:

    • Originality: Can the work be considered original if it is produced by an AI algorithm rather than direct human creativity?
    • Authorship: Is the user who provided the prompt the author, or does the AI qualify as author (which the law currently rejects)?
    • Proof of Creation: How can the applicant prove authorship when the AI’s contribution is substantial or dominant?

    Such challenges may result in the refusal of registration due to unclear authorship or insufficient originality under existing law.

    Judicial Perspectives on Authorship and Originality

    Indian courts have traditionally considered the “author” as a natural person. They have traditionally upheld that copyright protects the “expression of an ideas,” not the idea itself, resulting from human skill and labour.

    In Eastern Book Company v D B Modak (2008) 6 SCC 1, the Supreme Court recognised that copyright protects the expression of ideas originating from a human creator’s skill and labour.

    Internationally, the UK Intellectual Property Office rejected copyright in AI-generated works lacking human authorship, but the US Copyright Office has entertained certain computer-assisted works if human authorship is evident. The lack of Indian judicial pronouncements on AI-generated works indicates a legal lacuna needing urgent attention.

    EMERGING LEGAL Developments: ANI v OPEN AI

    In a landmark case pending before the Delhi High Court, Asian News International (ANI) v OpenAI (2024; ongoing), ANI alleges that OpenAI’s ChatGPT was trained using ANI’s copyrighted news content without authorisation, leading to outputs that closely resemble ANI’s original reports. ANI argues this constitutes infringement under Sections 13, 14, and 51 of the Copyright Act, 1957, and does not fall under any “fair dealing” exception in Section 52.

    The case raises pivotal questions for Indian copyright law: whether AI training on copyrighted content amounts to reproduction or adaptation; whether outputs generated by AI infringe existing works; and whether AI-generated content can claim originality under Indian law. ANI relies on the EBC v D.B. Modak precedent to argue that ChatGPT lacks sufficient creativity in its outputs.

    OpenAI denies infringement, claiming that its model learns patterns, not content, and that any similarity is coincidental. It also disputes the Delhi High Court’s jurisdiction, asserting a lack of operational presence in India.

    The outcome is poised to shape India’s legal stance on AI, copyright, and content ownership in the digital age.

    Challenges and Legal Uncertainties

    1. Attribution of Authorship

    AI-generated works lack a clear ‘author’ under Indian law, which may leave such works outside copyright protection, potentially disincentivising innovation.

    2. Originality and Creativity

    Originality requires a modicum of creativity and intellectual effort by a human author. AI-generated works, which emerge from programmed algorithms and data analysis, may not meet this threshold.

    3. Infringement and Liability

    If an AI reproduces copyrighted works during its training, liability for infringement could implicate programmers, users, or AI operators, raising complex questions of secondary liability under Section 51.

    4. Economic Rights and Moral Rights

    Economic rights (Section 14) and moral rights (Section 57) may not comfortably extend to AI-generated works, especially moral rights that protect personal reputations linked to authors.

    Given the evolving nature of copyright in the AI era, TMWALA also offers monitoring and enforcement services to safeguard registered copyrights from infringement and support dispute resolution when complex AI-related issues arise.

    Proposed Legal Reforms and Solutions

    To address these issues, India could consider the following reforms:

    • Statutory Recognition of AI Authorship: Amend the Copyright Act to recognise AI-generated works and define authorship and ownership frameworks accordingly.
    • Presumption of Authorship: The programmer or the user initiating the AI-generated work could be deemed the author, as an analogy to ‘work for hire’.
    • New Rights Framework: Develop sui generis rights for AI-generated content to protect investments and innovation without full copyright.
    • Guidelines on Liability: Clarify secondary liability for AI trainers and operators concerning infringement.

    Conclusion

    Copyright law plays a crucial role in protecting human creativity and incentivising innovation. However, the rise of AI-generated works disrupts fundamental legal concepts of authorship, originality, and ownership. While India’s Copyright Act, 1957, provides a robust framework for human-created works, it lacks clear provisions to accommodate AI’s transformative impact. The ongoing judicial developments and proposed legislative reforms are vital to ensure that the copyright regime adapts effectively to the digital and AI era, balancing the interests of creators, users, and AI developers.

    Partnering with trusted platforms like TMWALA can equip creators and businesses to navigate this complex landscape, ensuring effective copyright protection and management in the face of AI challenges.

    Author: Suhani Sharma

    Bibliography

    Statutes

    • Copyright Act, 1957 (India).

    Cases

    • Eastern Book Company v D B Modak, (2008) 6 SCC 1 (India).

    Books & Articles

    • P B Hugenholtz, ‘Copyright and Artificial Intelligence: The Next Frontier?’ (2019) 31 European Intellectual Property Review 664.
    • Tanya Aplin, ‘AI and Copyright: Who Owns the Output?’ (2020) 42 European Intellectual Property Review 527.
    • R Kameshwar Rao, Intellectual Property Law (3rd edn, LexisNexis 2021).

    Websites

  • THE IMPORTANCE OF COPYRIGHT REGISTRATION FOR INDIAN STARTUPS

    INTRODUCTION

    Copyright registration in India is essential for protecting the artistic creations of writers, singers, filmmakers, software developers, and artists. Because of India’s membership to the Berne Convention, copyright registration is not required by Indian law. yet, there are substantial legal and practical benefits to doing so. Through customs registration, it helps stop the import of pirated content, makes ownership publicly visible, and gives the copyright holder the ability to sue for statutory damages in the event of violation.

    This page offers a thorough explanation of the copyright registration process, its advantages, the length of protection granted, and the legal principle of fair dealing. The fees for copyright registration in India are also described, according on the kind of creative work. Knowledge of the procedure for registration of copyright can assist entrepreneurs, startups, and companies better manage the legal system and safeguard their intellectual property.

    TMWALA can assist creators and startups in navigating this process smoothly by handling documentation, application filing, and follow-ups with the Copyright Office.

    REGISTRATION OF COPYRIGHT

    In India, copyright registration is optional in accordance with the Berne Convention. Nonetheless, there are benefits to registration, such as creating a public record of ownership and preventing the importation of illegal copies by registering with Indian Customs. Registered owners are entitled to statutory damages in the event of an infringement.
    Applicants must submit an application to the Copyright Office, have it reviewed, and address any objections before registering a copyright. Following approval, the registrar gives the applicant extracts from the Register of Copyrights and enters the copyright data into the Register of Copyrights.

    DURATION OF COPYRIGHTS

    Works of literature, drama, music, and art are protected for 60 years following the death of the author or, in the case of numerous authors, for 60 years following the death of the last author. For 60 years after the date of publication, films, sound recordings, pictures, post publications, and the creations of governmental and international organizations are protected. Unpublished cinematograph films, pictures, and computer programs are protected for 60 years after the date of production. Sound recordings are preserved for 60 years after the year of their initial release, broadcast reproduction rights are preserved for 25 years after the broadcast, and performers’ rights are preserved for 50 years after the performance.

    DOCTRINE OF FAIR DEALING

    Section 52 of the Indian Copyright Act recognizes the concept of fair dealing and permits limited, unauthorised use of copyrighted content for certain purposes, including review, criticism, education, and research. This clause was broadened by the 2012 Copyright (Amendment) Act to cover music and film as well as to make it easier for people with impairments to access them.

    Although there are no clear rules in India regarding the amount of work that can be used under fair dealing, courts there base their decisions on a number of elements taken from American and British legal doctrines:

    • Amount and Substantiality:The amount of the original work that was used and if it is a significant percentage are factors that courts take into account. As seen in Blackwood and SK, the user’s purpose is significant but not deciding.
    • Purpose and Nature of Use:Only the particular uses specified in Section 52 are covered under fair dealing. As demonstrated in V Ramaiah v. K Lakshmaiah, courts seek a transformative useone that adds new meaning or expression.
    • Market Impact and Competition:As noted in ESPN Star Sports, judges have considered if the usage damages the original work’s market, a point that is less stressed in India.

    Fair Use gives entrepreneurs considerable leeway in areas like evaluation, reporting, and research. Startups should use caution when using copyrighted content, though, and seek legal advice to assure compliance because there are no clear regulations in place. The secret to striking a balance between innovation and legal accountability is to comprehend fair dealing.

    COPYRIGHT REGISTRATION PROCESS

    Copyright registration is very crucial for every artist/business owner. The procedure for registration of copyright is given below:

    1. Visit the Official Website

    Alternatively, platforms like TMWALA can manage this on your behalf, ensuring correct and timely submission.

    1. Fill Out the Application

    Fill out Form XIV under “Online Copyright Registration” after logging in. Enter the work’s title, type, and language, the applicant’s details, and whether the work has been published or not.

    1. Upload Required Documents

    Attach a scanned signature, copies of the work

    • Published: 3 copies
    • Unpublished: 2 copies
    • Software: 10 initial & final pages of source code
    • And any necessary No-Objection Certificates (from authors, publishers, or photographed individuals).
    1. Pay the Fee

    Depending on the type of activity, the appropriate fees for copyright registration in india can range from ₹500 to ₹5,000. You can pay it online. As a receipt, a diary number will be created.

    1. Wait for Objections

    After submission, third parties have 30 days to raise objection.

    1. Review and Hearing (if needed)

    The Registrar examines your application if there are no objections. A hearing will be scheduled to address any objections.

    1. Receive Certificate

    The actual Copyright Registration Certificate, which acts as official proof of ownership, will be issued to you upon approval.

    With its expert legal team and documentation support, TMWALA can simplify this entire process and ensure error-free registration to help you avoid delays or rejections.

    FEES FOR COPYRIGHT REGISTRATION IN INDIA

    Fees for copyright registration in india for different type of copyright work are as follows:

    Type of WorkRegistration Fee (₹)
    Literary, Dramatic, Musical, or Artistic Works₹500 per work
    Cinematograph Films₹5,000 per work
    Sound Recordings₹2,000 per work
    Software (Computer Programs)₹5,000 per work

    Note: Fees are subject to change as per government notifications

    CONCLUSION

    Copyright registration is more crucial than ever in an economy that is driven by innovation and digitalization. Copyright registration in India gives authors a legal way to prove ownership, which helps them better defend and uphold their rights. Despite being voluntary, copyright registration is a wise move for both individuals and companies due to its benefits, which include legal proof of ownership, eligibility for statutory damages, and the ability to stop illegal imports.

    Applicants can make sure that their creative works are acknowledged and protected by law by being aware of the copyright registration process. Whether you are a software developer, author, filmmaker, or artist, understanding the procedure for registration of copyright will help you work efficiently. Understanding the fees for copyright registration in India is also crucial, since they differ based on the kind of work being registered.

    Ultimately, investing in copyright protection not only secures your creations but also encourages innovation and creative freedom in a competitive marketplace.

    TMWALA offers end-to-end support, from application to certification, making it a trusted partner for creators looking to protect their intellectual property with confidence.