Generative Artificial Intelligence and Copyright Law in India: Rethinking Authorship, Ownership and Infringement

The development of Generative Artificial Intelligence (GenAI) has transformed the creation of literary, artistic, musical, and other creative works, raising fundamental questions concerning copyright protection. Indian copyright law, developed predominantly around human creativity, recognises computer-generated works and identifies the person who causes such work to be created as its author. However, applying this provision to modern generative AI raises unresolved questions regarding the degree of human creative contribution required for authorship and copyright ownership. The use of GenAI also creates concerns regarding copyright infringement and the allocation of responsibility among AI developers, users, and other stakeholders. This paper analyses Indian copyright regulation concerning authorship, ownership, and infringement of GenAI-generated works through a doctrinal methodology, examining the Copyright Act, 1957, judicial decisions, administrative sources, and scholarly studies. It argues that existing provisions provide a basis for addressing AI-generated content but remain inadequate regarding human contribution, ownership, and liability for infringing AI materials. It proposes clear judicial or legislative intervention while preserving the centrality of human creativity.