The Indian government has said that at present there’s no proposal to amend existing copyrights rules for artificial intelligence (AI)-generated works as the present regulations adequate to safeguard IPRs.
Pointing out that as India is a member of all major international conventions and agreements for the protection of Intellectual Property Rights (IPRs) that grant adequate protection of rights for works created by legal persons through copyright law and protects inventions through the patent system, creation of new rules or amending existing ones for AI is not needed at the moment.
“There is no requirement to create a separate category of rights for AI and related innovations in the Indian IPR Regime,” Minister of State for Commerce and Industry Som Parkash in a written reply in the Rajya Sabha (Upper House) last Friday.
He added, “ While Artificial Intelligence and related innovations is an evolving stream of technology, the current legal framework under the Patent and Copyright Act is well-equipped to protect Artificial Intelligence generated works and related innovations. Presently, there is no proposal to create any separate right to amend the law in the context of AI-generated content.”
The junior Commerce Minister further said that the exclusive economic rights of a copyright owner, such as the right of reproduction, translation, adaptation etc. granted by the Copyright Act, 1957, obligates the user of generative AI to obtain permission to use their works for commercial purposes if such use is not covered under the fair dealing exceptions provided under Section 52 of the Copyright Act.
“Since intellectual property rights are private rights, these are enforced by the individual rights holders. Adequate and effective civil measures and criminal remedies are prescribed under the Copyright Law against any act of infringement or unauthorized use of works, including digital circumvention,” the Minister explained.
Parkash’s parliamentary colleagues had queried whether the government proposed amendments to the Copyright Act, 1957 to update rules to address issues relating to AI-generated content. The MPs had also sought to know if the government had taken any measures to address issues raised by creative writers and artists in their lawsuits against AI-powered large language models, particularly those related to source of training, systematic theft, moral rights violation, endangering livelihoods and royalty payment.
(Image courtesy AI Artist Riya Srivastava via https//indiaai.gov.in/article/indian-artist-explores-ancient-india-and-indian-culture-using-ai)