IJSMT Journal

International Journal of Science, Strategic Management and Technology

An International, Peer-Reviewed, Open Access Scholarly Journal Indexed in recognized academic databases · DOI via Crossref The journal adheres to established scholarly publishing, peer-review, and research ethics guidelines set by the UGC

ISSN: 3108-1762 (Online)
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ARTIFICIAL INTELLIGENCE AS A CREATIVE ENTITY: LEGAL STANDARDS, COPYRIGHT LIMITATIONS, AND EMERGING FRAMEWORKS FOR AUTHORSHIP

AUTHORS:
Sandra Sajeev
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CC BY 4.0 License:
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract

Artificial Intelligence now is far beyond the scope of the first application as the device that helps humans. The existing AI has the power to compose music, draw, compose stories, create videos, create architecture and even compose computer code. The legal question, which this development raises, is: Who is the author of an AI-generated work?


The copyright laws in India were fashioned in a way that could only allow human beings to produce works of creativity. With AI being a significant component of the creativity process, the issues of ownership, rights, and legal protection arise. The notion that humans are the only potential authors provides loopholes in a great majority of jurisdictions, providing that AI-generated works do not fall under the current copyright laws.

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Sajeev, S. (2026). Artificial Intelligence as a Creative Entity: Legal Standards, right Limitations, and Emerging Frameworks for Authorship. International Journal of Science, Strategic Management and Technology, 02(04). https://doi.org/10.55041/ijsmt.v2i4.483

Sajeev, Sandra. "Artificial Intelligence as a Creative Entity: Legal Standards, right Limitations, and Emerging Frameworks for Authorship." International Journal of Science, Strategic Management and Technology, vol. 02, no. 04, 2026, pp. . doi:https://doi.org/10.55041/ijsmt.v2i4.483.

Sajeev, Sandra. "Artificial Intelligence as a Creative Entity: Legal Standards, right Limitations, and Emerging Frameworks for Authorship." International Journal of Science, Strategic Management and Technology 02, no. 04 (2026). https://doi.org/https://doi.org/10.55041/ijsmt.v2i4.483.

References
Books & Articles

1.Abbott R, ‘I Think, Therefore I Invent: Creative Computers and the Future of Patent Law’ (2019) 57 Boston College Law Review

2.Boden MA, AI: Its Nature and Future (Oxford University Press 2016).

3.Samuelson P, ‘Allocating Ownership Rights in Computer-Generated Works’ (2020) 47 Columbia Journal of Law & the Arts

Statutes & International Instruments

4.Copyright Act 1957 (India).

5.Copyright, Designs and Patents Act 1988 (UK).

6.Berne Convention for the Protection of Literary and Artistic Works (1971 Paris Act).

7.TRIPS Agreement 1994.

Important Cases

8.Thaler v Registrar of Copyrights (US District Court for the District of Columbia, 2023).

9.US Copyright Office, Zarya of the Dawn Registration Decision (2023).

10.Stephen Thaler v Commissioner of Patents [2021] FCA 879 (Australia).
Ethics and Compliance
✓ All ethical standards met
This article has undergone plagiarism screening and double-blind peer review. Editorial policies have been followed. Authors retain copyright under CC BY-NC 4.0 license. The research complies with ethical standards and institutional guidelines.
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