Written by – Akansha Sharma
Overview
It is magical to see how technology grows. In the era of 80s when TV started to come into the lives of humans, especially humans of India. Everybody was so mesmerized by the fact that a box could showcase a digital world and coloured film with sound, music, and humans inside a small box. Priority TV was used only for Information, like News Watching, Sports commentary, or Some specified Shows like interviews of Movie stars and other significant personalities. At that time it was the only source of Information. As technology started to develop, and computers came into existence in India, people started gathering information, entertainment, and lifestyle from computers. The whole craze of technology starts from its updates which are seemingly infinite loops. The technology grew more and developers(humans) developed a machine-made response ( a technological response ) to anything you want. You just type your query and your answer is there, mostly known by the name “ G It”.
With better and fast-paced results, came like Angel Intelligence, Artificial intelligence arrived in our lives. The Al, AI-generated responses which were given by Artificial Intelligence which are trained by many resources over the internet and other technological coding and folding, became a more accurate response if not 100% then at least 98% content was true with the fact…but still not true totally.
Tools of AI such as OpenAI, ChatGPT, Gemini etc are very much commonly known to the public nowadays. Open AI is an United States of America Based Search engine tool, it is a research deployment company that has made ChatGPT.
The ChatGPT is a Large Language Model (LLM) that is trained to produce Human-like text.
The use of Human-made creative articles or literature resulted into a training module for AI but a nightmare for Creators. AI content was created with the actual help of analyzing different tools and techniques. But who owns it? In the creative world, the rights of the creator are protected, but with AI?
Artificial Intelligence
According to the Cambridge Dictionary [1] “ AI is the use or study of computer systems or machines that has some qualities that the Human Brain has, such as athe bility to interpret language, recognize or create images and learn from many sources of data supplied to them by various sources.
AI has come up as an Valuable and important resource for helping, not just people who want to ease up their tasks but also,people with special abilities and a helper in an emergency. In the Past days in The crucial Pandemic of Covid 19, Drones and human robots helped health professionals and assisted them in seeing patients, at a safe distance and also Drones provided vaccines to far areas.
As Artificial intelligence Learns from its various sources, the sources are usually presented in the form of data. Though, that data is the work of someone’s creativity resulting in a model.
For example, A has written a Book on FRENCH LANGUAGE, now An AI Maker(Engineer) makes a list by choosing words from that book and trains it’s AI model to show the same words as in books, but all of this happens without any permission from A(the main author), Hence , the AI has done the infringement of copyright of A.
Artificial Intelligence is a very important tool to interpret, but again, human creativity can not be taken for granted to make a Machine work better, that to be without having prior consent to use that thing.
What Law Says
The Law of Copyright is known as the Copyright Act, 1957. This act ensures the Protection of Published and anonymous works of all types of Creative creations, including Literary, Musical, Painting, dramatic, and much more. This Act stated rules regulations, Appellate Board, Terms of Protection of Copyright for different works, etc.
Laws for Protecting the Rights of creators such as Copyright Law, Trademark, and Intellectual property law are there. In the Copyright Act, of 1957, under section 13 the Copyright is a right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings.
Different Works are Protected under Copyright law for different Time durations such as
The General Rule under Section 22[2] and 23[3] The Copyright Act, 1957 protects the Works for 60 years under Copyright Law.
Whereas, Copyright Infringement is Copying someone else’s work without their permission. Copyright Infringement happens when someone uses a protected copyright work of someone without permission of the main/original author who has having copyright of that work.
The Liability: The Copyright Act, 1957, under Section 63[4] , The punishment of copyright infringement is
For the First time offence:
- Imprisonment of 6 months of, extendable to 3 years
- Fine : ₹50,000/ extendable to ₹2,00,000
For Second time offenders, Punishment becomes more :
- Minimum imprisonment of 1 year extendable to 3 years
- Fine: Minimum 1,00,00 to extendable up to 2,00,000 Indian rupees.
⟩ Justice M Nagaprasanna, in his ruling In 2022 in Karnataka High Court that “Section 63 of Copyright ACT is a Cognizable offence and a Policeman has to Register FIR on receiving complaint.
It means that Anyone who knowingly infringes or abets the infringement of copyright in any work commits Criminal Offence under section 63 of Copyright ACT, 1957.
Reliability of AI, In question
Even in a recent event, Justice Gavai stated that “One should be aware of not relying so much on AI as AI use in Legal research may result in Wrong Interpretation and Fake case citations, hence researching by using other sources for more reliable content is to be preferred.” This saying of A Justice of the Supreme Court makes it clear why AI is not to be relied on much, especially in the Legal field.
The AI, although trained with sources across databases and websites, creates fast and humanlike results but yet, the scope of facts being untrue is still a challenge. As AI is an Artificial Intelligence and not a Human, One can not be held accountable for producing Fake or wrong information. The Legal Liability seems to be stopped when a disclaimer by AI pops up “My facts can be untrue”. The issue regarding the reliability of the content created by AI is still in the pendulum.
As said by Honourable Justice, One should always do their own hard work in research to find the truth. In the past when there used to be no AI, people used to do years and years of Hard Work to reach one significant result. Doing that nowadays is quite easier with the help of technology where one can even find Educational Videos, Online E books and various sources to search upon, yet relying on the one source of Artificial Intelligence might become an issue in reliability of content.
International Paradigm
Who owns the copyright when machine-made content is generated? The laws of different continents say different things.
Different continents have different rules regarding application of Copyright:
- In the USA, the Office of Copyright has stated that the work of AI-generated content without human involvement is not eligible to be copyrighted ( Thaler v. Perlmutter ) .
- The United Kingdom (UK) They have an acceptable approach towards the AI-generated work copyright exists, but with the person who made it (Like a programmer or the user)
- In India , though, despite having The Copyright law which defined that copyright can only be granted to the creator who is human” which means in India the content made by AI or Artificial Intelligence works is not yet covered by the Law of Copyright.
Case Laws
AI or Artificial Intelligence works are not yet covered by the Law of Copyright, AI Copyright infringement cases are still on a rise .
•⟩ Recently, In India cases like ANI v OpenAI where the petitioner has claimed copyright infringement against OpenAI. Asian News International stated that OpenAI has Used their reports and data to train its Artificial Intelligence Model without having any permission from the Main agency.
•⟩ In the case of Bollywood Music Labels v OpenAI, They claimed that OpenAI has used their recordings and Tunes to train their AI model , but they have not asked for any permission from the company and that is copyright infringement.
In such cases, the main legal issue of copyright infringement arises because of the nature of AI which is to analyse like a human brain, basically deriving out of its definition, AI is A Machine Brain. So it will include any and every data present on databases.
Future Solutions
In future if we seek for eligible copyright holder over AI content, then the best should be
- The Creator: The one who made the AI tool.
- The Researcher: The one who used the idea to derive something new from many sources
- None: As it is available to the public and is analysed by machine and machine is not recognized in copyright, so, none.
The AI is hope for many and A danger for some, but moreover on a bigger paradigm, the issue of copyright is Totally important because it’s important to appreciate the truth and creativity and when it is infringed, there has to be a law to protect the Rights of the “Right” creator.
[1] Cambridge Dictionary: AI is the use or study of computer systems or machines that has some qualities that the Human Brain has , such as ability to interpret language, recognize or create images and learn from many sources of data supplied to them by various sources.
[2] Terms of Copyright in Published literary, Dramatic, Musical and artistic work : S.22, Chap V ,The Copyright Act, 1957
[3] Term of Copyright in anonymous or pseudonymous works : S 23 , Chap V , The Copyright Act, 1957
[4] Offence of infringement of copyright or other rights conferred by this Act : S.63 , Chap XIII, The Copyright ACT, 1957
