Ownership and Copyright Challenges of Artificial Intelligence Tools in India

Abstract

The rapid advancement of artificial intelligence tools capable of generating creative and inventive outputs with minimal human intervention has fundamentally challenged traditional intellectual property frameworks in India. Indian copyright and patent laws, premised on human authorship and inventorship, create significant legal uncertainty regarding ownership of AI-generated works. This systematic review aimed to map and synthesize legal scholarship, judicial decisions, and policy documents addressing ownership and copyright issues involving AI tools within the Indian context. The synthesized literature consistently revealed that Indian intellectual property laws are fundamentally ill-equipped to address AI-generated works due to their reliance on human-centric concepts. Significant legal lacunae exist regarding ownership rights when AI plays a substantial role in creation, with no clear statutory provisions or binding judicial precedents establishing whether AI can be recognized as an author or inventor. The literature documented a spectrum of proposed solutions, from legislative amendments to more radical reforms such as sui generis rights or human guardian mechanisms. Comparative analyses highlighted inconsistencies in global approaches and underscored the need for international harmonization. We concluded that Indian intellectual property law faces profound challenges in accommodating AI-generated works, with existing frameworks creating significant legal uncertainty. The review identified a critical gap between rapid AI technological development and slow legal evolution, suggesting that piecemeal judicial interpretations are insufficient. India must consider technology-neutral reforms that can adapt to future advancements while engaging in international dialogue to promote harmonized standards.