Introduction
Artificial Intelligence has evolved from a mere assistive technology into a system capable of generating creative outputs with minimal human involvement. This technological shift has begun to challenge traditional assumptions about creativity, authorship, and ownership within creative industries.The increasing presence of AI-generated paintings, music compositions, written content, and software outputs has blurred the conventional boundary between human creativity and machine-generated expression. Although AI is likely to bring efficiency and creativity, it is also associated with some complicated legal issues, especially in the area of copyright legislation.[1]
Among the most urgent questions, the area of ownership of AI-generated works can be noted. Conventional copyright policies rest on human ingenuity and intellectual effort, whereas AI systems function on algorithms, machine learning systems and big data with little or no human oversight. India’s copyright framework, which was enacted long before the emergence of autonomous artificial intelligence systems, offers limited guidance on whether such machine-generated outputs qualify for protection or who may claim ownership over them..[2]
The article critically evaluates the copyright laws and the copyright ownership of AI-generated content in India, the statutory laws, the judicial developments, and the comparative viewpoints as well as the pressing necessity of enacting the law.
Key Words
AI and Copyright in India, Ownership of AI generated Works, authorship under Copyright Act,1957, Originality in AI works, Copyright and Artificial Intelligence.
Understanding AI generated Works:
AI-generated works refers to creative outputs produced by artificial intelligence systems using techniques such as machine learning, deep learning, and neutral networks, often without direct human control over the final result. In contrast to the conventional computer-assisted works, when human creativity is dominant, the output of AI-generated works can be generated without the direct influence of a human, which leaves the question whether such works actually meet the legal definition of authorship.[3]
Examples include:
- Artificial Intelligence and Music
- Computerized views and literary Material
- Designs, Logos and computer code made by AI.
Copyright Framework in India:
Copyright Act, 1957 covers original literary, dramatic, musical and artistic works. Even though AI is not mentioned expressly in the Act, Section 2(d)(vi) indicates that when a work is created by a computer, this is because the person who flexed the work to be generated is the author.[4]
This is an essential provision to AI-generated works. Nonetheless, it was originally meant to cover the situation with the traditional computer programs as opposed to the autonomous AI systems. Consequently, its use as applied to the contemporary AI poses interpretational problems.
Ownership of AI generated Works in India:
- Can AI be an author?
In Indian law the term authorship is inseparably related to legal personality. As AI is not a legal person, it can’t be established as a copyright holder or an author. Authorship has always been linked by the Indian courts to human creativity, intent and ability.
- Who is the Author of the Work Creation?
In India, the statutory limitation leads to the fact that the possession of AI-generated works can belong to:
- The design of the AI system was done by the programmer or the developer.
- The prompts, inputs, or instructions, which were given by the user.
- The entity or company that owns the AI system.[5]
Still, it becomes hard to define who initiates the creation when the system of AI is autonomous or learns without the help of datasets.
Requirement of Originality:
The Indian copyright law observes the modicum of creativity standard. In case the work produced by an AI does not incorporate any intellectual effort of the human, it will not pass the originality test, and thus it will not be eligible to be copyrighted at all.[6]
This will cause legal vacuum in which extremely valuable AI-generated content can enter the public domain automatically.
Comparative Perspective:
Other jurisdictions have gone to more explicit measures:
- UK Copyright, Designs and Patents Act, 1988 identifies the person who makes the necessary arrangements to computer generated works as the author.
- The US Copyright office has declined copyright claims on work created using AI, but has not been authored by a human.
- India is in the transitional stage but it lacks a clear direction, thus causing dilemma to creators, businesses and investors.
Policy Concerns and The Need for Reforms:
The fact that AI-generated works are not recognized by the law poses a number of concerns:
- Crowdfunding the elimination of investment in AI-based creative industries.
- Developer and user ownership conflicts.
- Higher potential to be infringed and abused.
It is highly arguable that legislation should intervene to:
- Define AI-generated works explicitly
- Clarify Ownership Rules
- Balance Innovation with Public Interest[7]
Conclusion:
Pieces produced by AI undermine the principles on copyright law, especially authorship and originality. In the existing Indian legal system, AI is ineligible to be an author and the right to AI-generated works lies in an awkward interpretation of the person who causes the work to be created. This ambiguity affects the predictability of the law and economic motives.
As AI has kept on revolutionising the creative expression, India needs to re-examine its copyright policy in order to accommodate these new realities. While ensuring protection of copyright in the digital era, clear statutory provisions on possession of AI-generated works are necessary to create more innovations.
[1]Lavanya Jain, AI and Copyright: Safeguarding Creativity in an AI-Driven World, VIDHI CTR. FOR LEGAL POL’Y (last visited Jan. 10, 2026), https://vidhilegalpolicy.in/blog/ai-and-copyright/
[2]U.S. Copyright Office, Copyright and Artificial Intelligence, (last visited Jan. 10, 2026), https://www.copyright.gov/ai/.
[3]V.K. Ahuja, Artificial Intelligence and Copyright: Issues and Challenges, ILI L. Rev. 270, 270 (2020), https://ili.ac.in/pdf/vka.pdf.
[4]<sup>1</sup> _Copyright Act, 1957<sup>1</sup>, No. 14, Acts of Parliament, 1957 (India), https://www.copyright.gov.in/Documents/Copyrightrules1957.pdf._
[5]Maheshwari & Co., AI Copyright Law India: Ownership Explained (July 15, 2025), https://www.maheshwariandco.com/blog/ai-copyright-law-india/.
[6]Virtuoso Legal, What is Originality in Copyright?, https://www.virtuosolegal.com/faq/what-is-originality-in-copyright/ (last visited Jan. 10, 2026).
[7]World Trade Organization, TRIPS and Public Interest, https://www.wto.org/english/tratop_e/trips_e/trips_and_public_interest_e.htm (last visited Jan. 10, 2026).
Author Name- Sanjana Diwan, Qualification: Law Graduate, LLM student, Area of Interest: Intellectual Property law, Copyright law, Trademark Law, Fashion Law, College/University: National Law University, Delhi
