There is no proposal to create separate IPRs or amend the law pertaining to copyright or patent in the context of AI-generated contents, Parliament was informed on Friday.
In a written reply to Rajya Sabha, Som Parkash, Minister of State for Commerce and Industry, said the current legal framework under the patent and copyright act is well-equipped to protect Artificial Intelligence (AI)-generated works and related innovations.
Congress MPs Rajani Ashokrao Patil and Ranjeet Ranjan had asked whether the Government intends to amend Copyright Act, 1957, to update copyright laws to encompass AI-generated content. They also sought views on whether the Government has 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.
“Presently, there is no proposal to create any separate rights or amend the law in the context of AI-generated content,” Mr. Parkash said.
Intellectual Property Rights (IPRs), including copyrights, provide exclusive rights to the right owner who are legal persons for a set duration. These rights allow for the work or creation or innovation to be protected and enable collection of royalties through licensing. For a right to be granted, the owner is required to meet the criteria specified under the law.
He said that India being a member of all major international conventions and agreements for the protection of IPRs grants adequate protection of rights for works created by legal persons through copyright law and protects inventions through the patent system. “Therefore, there is no requirement to create a separate category of rights for AI and related innovations in the Indian IPR regime. While AI and related innovations is an evolving stream of technology, the current legal framework under the patent and copyright act is well-equipped to protect AI-generated works and related innovations,” he added.
The Minister also said that the exclusive economic rights of a copyright owner such as the right of reproduction, translation, adaptation granted by the Copyright Act, 1957 obligates the user of generative AI to obtain permission to use their works for commercial purposes.
“Since IPRs 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,” he said.