Most of us have watched and heard about Benedict Cumberbatch starrer the
Imitation Games which revolves around the life of English mathematician Alan
Turing who was one of the first people to work on the concept of intelligent
machines. Since Science fiction has been piquing the interest of people for a
very long period with its concept of Artificial Intelligence but with the advent
of new technology now fiction has been changed into reality first with computers
and now with robots. This excitement can be seen in countries like Saudi Arabia,
where a robot named Sophia was given the citizenship of the country.
Artificial intelligence is gradually invading the capabilities which were
attributed to humanity only. This is Due to the acceleration in the hardware and
software capabilities, A.I system can now learn faster and can perform the task
with more accuracy. This is the reason why major companies like Google, Uber,
Amazon and Apple are investing in artificial intelligence technologies. The
recent success of robotics and A.I generated work has documented that the
computers can do the work independently by learning to do the tasks once the
codes have been fed to them. Google has recently bought artificial intelligence
startup Deep Mind, and they have also made a machine learning system named
Tenser Flow and recently in July 2017 have designed a system which studies the
interaction of people with A.I system.
As of late A.I has started creating music, news reports and paintings that
eventually has raised the question of applicability of Intellectual property law
on the works which are generated by systems feeding on the codes entered into
Before exploring the concept of Artificial Intelligence and Indian Intellectual
Property law lets you have the basic understanding of what Artificial
intelligence and copyright law is.
Understanding Artificial Intelligence
Artificial intelligence has been an interesting topic for everyone around the
world. A. I is not made just for gathering information, but they are made to act
as if they are smart and sometimes even seem human. Oxford dictionary has
defined artificial intelligence as a computer system which is able to perform
tasks which normally requires human intelligence. In layman terms, artificial
intelligence is technology that behaves responds and acts like human or other
animals. The primary goal of AI is to enable innovation and to minimize human
labour and to build up the human capability to the maximum extent possible.
Copyright is a right which is given in India to the author or creator of
literary, musical, dramatic and artistic work .copyright is a bundle of rights
which are given for work which includes adaptation and translation of the work,
communication to the public, rights of reproduction etc. Works that can qualify
for copyright protection is any work which is original, and therefore copyright
is only concerned with the originality of the expression of thought. Copyright
law protects the fruition of labour which goes into making the intellectual
work, but it can just protect the expression in which idea has been presented
and not the idea itself.
Any software company can copyright its software programs under Indian Copyright
Act, as Indian copyright law has been amended to include computer programs under
the literary work definition. Hence the software which has applied for copyright
can be protected for the lifetime of the author in addition to it sixty years
Legal Personality of Artificial Intelligence
Intellectual property right law has not explained or laid down any set of rules
and regulation regarding the ownership of the content which is created by these
machines. A.I mimic the human intelligence; they lack the somatic existence and
are not regarded as entities that have rights in the conventional sense which is
provided to other corporal beings.
The quintessence of legal personhood lies in whether such entity has the right
to own property and the capacity to sue and be sued. Unfortunately, courts in
India have not yet adjudicated on the matter relating to works generated by A.I
machines. Although legal personhood has not been granted exclusively to humans
only, Indian law has granted the status of legal personality to Non-human
entities also such as companies’ corporate houses and other legal persons. Up
until now copyright has been granted only to natural or legal persons only, and
any machine or tool used for creating any original work is only considered as a
mere tool and thus have not been granted any copyright in the programs name.
Nowadays all the professionals have become tech savvy, and they are in dire need
of systems which are well structured and indexed. They have been looking at ways
through which they could lessen the administrative work in their daily
activities to reduce their workload. This mindset in the employees and employers
is giving rise to investment in the A.I operated systems, but the limitation in
the legal system has hindered the investments into the companies and software
dealing in A.I.
Today’s society is witnessing changes in technology where machine learning has
increased the work which can be generated through A.I. The IPR law has to amend
its laws as in recent future there will be an immediate need to do so. The
outcome of the gap in copyright law and A. I registration in copyright law is
far-reaching and may result in a decrease of valuable new works.
About the Author
Archi Bhatia is a content writer at QuickCompany and is also a law graduate. She
has interest in Intellectual Property and its confluence with new age
technology. Quick Company is an online legal portal for registering a trademark,
copyright and companies efficiently.