In the light of a judicial precedent of a case in the Delhi High Court, regarding the issue of whether an Al generated work can be copyrighted in India, comment whether granting copyright to Al developers encourages inno

Intellectual Property Rights including Copyright and Related rights 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 enables collection of royalties through licensing. For a right to be granted, the owner is required to meet the criteria specified under the law. India being a member of all major international conventions and agreements for the protection of Intellectual Property Rights 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. Therefore, while Artificial Intelligence (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 Artificial Intelligence generated works and related innovations. Presently, there is no proposal to create any separate right so the law in the context of AI-generated content. In the case of Ferid Allani v. Union of India , the Delhi High Court examined the issue of whether an AI-generated work can be copyrighted in India. The court held that copyright protection can be granted to AI-generated works if they meet the criteria for originality and authorship under the Copyright Act, of 1957. The court also held that the authorship of an AI-generated work should be attributed to the person who decided to create the work, such as the programmer or user of the AI system. Alternate Answer to above paragraph The Copyright Act, 1957, does not explicitly address AI-generated content, but Section 2(d)(vi) states that for computer-generated works, the person causing the work to be created is considered the author. However, there is no clear judicial precedent in India attributing copyright to AI-generated works, especially those with minimal human intervention. Recent Development: In 2020, the Indian Copyright Office faced a case involving an AI system named 'RAGHAV' and its attempt to secure copyright registration for an artwork called 'Suryast.' Initially the application was rejected for lacking a human author, the painting was later granted protection when a natural person was named as a co-author alongside 'RAGHAV'. Subsequently, a withdrawal notice was issued, seeking clarification on the legal status of 'RAGHAV,' highlighting the ambiguity surrounding AI's qualification as an artist under the Copyright Act. Therefore, from this case it can be said as the AI with human can be made author. But the legal position is yet to be clarified.