Exploring AI’s Transformative Impact: Artificial Intelligence, with its capacity for tasks like visual interpretation, music composition, and even film production, is significantly altering the creative landscape in India. This shift sparks crucial discussions on the traditional concepts of authorship and intellectual property rights.

Challenges to Copyrighted Works: One of the primary concerns is the challenge to copyrighted works. AI systems, through data processing and algorithmic techniques, generate content that blurs the lines between original and AI-generated works. This poses a substantial threat to the established principles of creativity and originality required for copyright protection.

Inadvertent infringement is a critical issue, as AI systems may unintentionally reproduce or incorporate copyrighted material. Addressing this necessitates AI systems capable of recognizing and avoiding copyrighted content. However, this approach may not always be practical, especially when such content is fundamental for AI learning.

Fair Use Doctrine in India: The applicability of the fair dealing doctrine in India adds another layer of complexity. While Section 52 of the Indian Copyright Act provides exceptions for certain uses without explicit authorization, the scope is narrower than fair use in other jurisdictions. Courts may need to reassess these provisions, contemplating whether AI-generated content should benefit from a broader fair use exception.

AI and Right to Privacy: The case of Anil Kapoor highlights the intersection of AI and personal rights. Unauthorized manipulation of a celebrity’s persona, powered by AI, prompted legal action. The Delhi High Court’s decision underscores the need to protect personality rights in the age of advanced technologies.

Anticipated Legislation and Legislative Frameworks: India’s participation in the Global Partnership on AI and proposed legislative changes showcase the nation’s commitment to responsible AI development. The evolving legislative landscape, including the potential Digital India Bill, aims to strengthen intellectual property rights and regulate emerging technologies like AI.

Conclusion – Striking a Delicate Balance: As India adapts its legal and regulatory frameworks to the AI era, a delicate equilibrium must be sought. Balancing innovation with the preservation of cultural heritage is paramount. The ongoing dialogues involving artists, AI developers, and legal experts play a crucial role in shaping regulations that harness AI’s potential while safeguarding the rights of creators. India’s proactive stance in this evolving landscape signals a commitment to navigating the complexities of AI in the creative domain.