ARTIFICIAL INTELLIGENCE AS A CREATIVE ENTITY: LEGAL STANDARDS, COPYRIGHT LIMITATIONS, AND EMERGING FRAMEWORKS FOR AUTHORSHIP
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.
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.
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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).