Abstract
In recent years, considerable alterations have been made to how ownership rights are protected and infringed upon thanks to the introduction of big datasets and machine learning algorithms. As a result, this research paper explores the cutting-edge implementations of such technologies to safeguard intellectual property rights from unauthorized use.
Big Data analytics makes it possible to collect, store, and process large volumes of data to find patterns and trends related to the use of digital content. It is important to note that big data analytics facilitates the process of gathering, storing, and processing big amounts of information which leads to the recognition of trends or patterns regarding how digital content is used. Specifically, Artificial Intelligence, especially in machine learning algorithms, has increased the capacity to detect instances of copyright infringement at an unchanging accuracy level but much faster.
The value of AI and big data in building a secure digital space for content creators and rights holders is examined in the document using a thorough evaluation of existing techniques and case studies. This study highlights the devastating effects of Big Data and Artificial Intelligence on protection from copyright infringement, thus allowing for more effective and fair resolutions for this problem in the era of digitality.
Introduction
Artificial intelligence (AI) has quickly turned out to be among the most powerful agents of alteration in modern days, changing multiple sectors by increasing their effectiveness, ingenuity, and novelty. The rapid advancement of AI technologies driven by artificial neural networks and machine learning such as those used in different companies have done well for significant strides for arts like healthcare marketing services or investment banking.
The main focus of AI Technologies is to make human life simple and perform typical tasks faster and cheaper. In some creative fields like art, music, literature, etc. where only human intervention has existed, AI is also generating content in these domains. This AI-driven system is blurring the line between human intelligence and machine creativity.
The emergence of content produced by AI technology poses a great problem for the current copyright systems that were intended to shield human creators. The fundamental aim of copyright is human authorship, which grants legal privileges and rights to people or organizations who create any form of original writing. Nevertheless, since AI devices can produce material without human involvement, doubts arise about the legality of such products. So, who holds the rights to material produced through artificial intelligence? Can this piece of machine be called a writer or has it any legal standing whatsoever? Moreover, what exactly is the relationship between the software’s creator and those who use it or possess it concerning the authorship and ownership of these products? These questions point out how cloudy and ambiguous laws are about AI outputs particularly when talking about copyrights.
Overview of Copyright Law
Copyright is a form of intellectual property and is an exclusive right given to any person who generates an original and unique work with his creativity or owner of Intellectual Property Rights for some time so that owners can get recognition or any other benefits for their work. This right includes the right to publish, record, film, print, etc. Here, work can be defined as original literary, dramatic, musical, artistic, cinematograph films and sound recordings which are copyrightable. This work should be in physical form and a mere idea cannot be protected under copyright.
The primary purpose of copyright law is to encourage the creators and foster the creation by giving recognition and other benefits to the creator, copyright also protects creators from unauthorized use and piracy. It is also a challenge for owners because it is easy for owners of Intellectual property to upload their content digitally but protection from piracy or unauthorized use of work. Copyright protection also helps creators to incentivize their work on marketplaces so that they can also derive financial benefits. By doing so copyright law aims at balancing the creator’s interest with that of the general population and encourages advancement in culture, intelligence, and technology. Copyright law is challenged in a new way by the digital age which has changed how creative works are produced, distributed, and consumed. The development of the internet, digital media, and technology has led to fast and far-reaching sharing of content, often making it difficult to distinguish between valid use and copyright violation.
The intersection of AI and Copyright
Artificial Intelligence (AI) is a gift to the human race as it can now do works that can only be done by the human domain at some point in time. Now AI can write novels, and poetry, or make new software that is indistinguishable from human-made works. The deep advancement in machine learning technology and neural networks made this possible for AI to generate new content with huge databases in seconds.
AI can make pieces of visual art, such as paintings, sculptures, and digital art. An example would be tools like DeepArt and DeepDream that can give the users various images depicting different styles (of popular artists) while mixing them with user’s photos.
While there are so many benefits from AI in the creative field which is so magnificent, they also introduce an area of numerous challenges associated with AI, it questions existing legal frameworks, particularly in copyright laws. A dilemma of Ownership of AI-generated content and who takes the credit for AI Algorithm’s Inheritance.
An owner is a person who creates a work using his intellect and will be the first owner of the intellectual property created by him unless there is a contract contrary to it. AI can never be consistent with the definition of the owner as per intellectual property as the owner should always be a person and the product created by him should be original and comes out of his intellect.
Challenges Posed by AI to Copyright Law
The intersection of AI and literary work challenges traditional copyright law because it includes human intervention. The key issues because of which this problem arises are authorship, ownership, role of human intervention, originality, and creativity.
Copyright’s core tenets maintain that it defends “original works of authorship”, meaning that traditionally a human creator ought to bear responsibility for such creation. However, one problem arises when non-participatory forms of content generation are increasingly offered by AI. In cases when AI creates music or novels some issues arise about who is the author, e.g., whether it is the AI itself, its programmer, a user, or even someone else. This confusion jeopardizes the very basis on which copyright law stands – human creativity and originality.
The question of ownership is closely related to that of authorship. In most situations, consequently, a copyright owner is the author of a work unless he/she transfers or assigns it. However, AI-generated material presents basic puzzles about who should hold the rights. Should it be the creator of this AI program? Or perhaps the individual who guided the artificial intelligence to produce a specific piece? Or even the enterprise that controls the structure? Inconsistency with ownership instructions brings fears and future legal battles since artificial intelligence-recommended stuff is extremely useful.
A fundamental problem for copyright protection is how much human contribution is necessary. For works that are to be protected under Copyright Law, Jurisdictions envisage some facet of human creativity and decision-making in their laws. But, when it comes to computer-generated content, the physical action by man usually only gives initial guidelines or determines settings, with the main creation acted upon by an AI program.
Conclusion
To sum up the above study, it has been consistently stated that human creativity is necessary for obtaining copyright protection, thus excluding works developed by AIs unless a significant amount of human labor is demonstrated. In India, there are no specific provisions on AI-generated content although its copyright law is still at an early stage.
Written by Esha Jaiswal, Legal Intern at Intepat IP
