The use of AI has been increased to a large extent for the purpose of creation and circulation of intellectual property and this use of technology raises some very serious questions upon the issues of ownership, infringement and right to license.

This edition would talk about the proper management of intellectual property in the AI era including the issues of copyright, patents and trademarks. It highlights the advantages, disadvantages and all the basic details related to use of Artificial Intelligence in Copyright Infringement Detection.

Introduction
Artificial intelligence (AI) is a kind of technological development that refers to the use of human intelligence by techno devices and machines such as computers. Certain kinds of algorithms are developed to make our computers perform those tasks which require the element of human intelligence. On the other hand, copyright is a legal concept that allows us to make sure that our original work does not get copied by any other person. This legal remedy allows us to take action against those who try to steal the works originally done by others. Indian courts have clearly stated that infringement occurs when an essential element of copyrighted work gets copied.

Role of Artificial Intelligence in Infringement of Copyright

The use of AI in detection of copyright infringes is growing rapidly due to the increase in growth of digital content in the market. Today if you see, there has been a large demand of content writers in the industry and those people who can help in protecting the originality of the content are also needed.

This demand requires the use of AI in fulfilling the right purpose. AI serves as a tool for protecting the content made by these content creators in different ways. If we talk about those essential ways in which AI helps us in this field then one of the most important ways among them is Content Recognition Algorithm that helps the editors and creators to identify the copied work due the similarities between different documents, images, audios etc. These similarities are detected by Artificial Intelligence. Next big thing it does is called Pattern Recognition due to which it recognises the user behaviour and pattern of content which has been copied from various websites and other sources.

These were the two major techniques which are used by Artificial Intelligence to identify the copied work, once such work has been identified then comes the next big thing introduced to us by AI that is the feature of Automated Take down Notices through which the AI automatically sends the take down notices to the platforms who have uploaded the copied content on their websites. So, these features have dual functioning that is both the recognition and the required action which is to be taken on those who sell infringed content.

The High Court of Delhi has already held that broadcasting copyright sound recordings without license amounts to infringement. The main reason behind the use of such technology to detect the infringement, we would examine what are the main copyright issues that occur when one person tries to copy the work of another and portrays it as his own work. So, the major conflict that takes place is regarding the ownership rights of the content i.e. because it is very complex to decide and determine the ownership right of a work that is copied from some other source or has been generated through the use of Artificial Intelligence.

However, we have such algorithms in AI that can easily trace the original content but the concern arises when it comes to determining the ownership rights of such work which has been totally generated through AI chat bots, who can we consider the true owner of such work is still unanswered. The basic application legal principles would suggest that the developer of such AI chat bots must keep the ownership rights of such content with them.

Issues regarding the "Authorship":

1. In the battle of Copyright in Artificial Intelligence the main issue was, who will be entitled with the Authorship of the AI generated content ? Copyright laws provide rights to the authors and to the creators for their original and exclusive work but if we talk about artificial intelligence the content is owned by the machines. However,in the present laws related to copyrights, it includes only humans as creators therefore machines are not considered as creators or as authors. Hence the issue regarding the authorship of AI generated content is still a debatable topic.
    
2. After the lack of legal laws related to copyright, should Artificial Intelligence be considered as the author or the owner of the creative work ? This particular question still revolve around as The Copyright Act, 1957 the states the definition of "author" means:
   
   1. In relation to a literary or dramatic work, the author of the work;
   2. In relation to a musical work, the composer;
   3. In relation to an artistic work other than a photograph, the artist;
   4. In relation to a photograph, the person taking the photograph;
   5. In relation to a cinematography film or sound recording, the producer;
   6. In relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;

This definition didn't include who can be the author hence, this ambiguity led to the question unanswered.

Nexus between Artificial Intelligence and IP Laws

"The only constant is change" this famous quote by Heraclitus itself states a lot about technology and its innovation. The impact of AI is very clear in this present generation on one hand where IP laws are like rooted longstanding practices that are focused on the process and enhancements on the other hand Artificial Intelligence talks about innovation.

This generation is centered around technology. The present role of AI is to shape the frameworks of IP laws to build them more flexible and capable of evolving with the technological advancements. On the other hand IP laws should include both person and technology as a person so that both can be covered under IP laws and get protected.

Unveiling the mysteries of Copyright in Artificial Intelligence

One of the remarkable case the " Raghav Case", this particular case deals with parties the Raghav Technologies (plaintiff) .Here, RAGHAV is robust, artificially intelligent, graphics and art visualiser it was named after the owner Ragahv Gupta who was an engineer by profession(RAGHAV is an AI based app). This particular case was revolving around the dispute that the content was created by RAGHAV yet Mr.Sahni wanted to be an author of that work. Mr. Sahni just gave the direction to RAGHAV and inserted two images, one was the base image (that he clicked ) and other was "Starry work" that was created by Vincent Van Gogh's and created a new image known as "SUYAST".

The major question that was put forward was who would own the "authorship" of AI generated content and whether A.I Innovations had infringed the copyright laws ?

After analyzing the facts and issues of this case the ruling court examined the nature of the A.I generated content with the copyrighted work, focusing that a content can be a derivative and could be eligible for copyright laws. Therefore, the court favoured Raghav Technologies and stated that A.I Innovations has derived its content from Raghav Technologies and stated that it is very difficult to differentiate between the work done by Sahni and by RAGHAV. Moreover, many precedents were also established due to this case.It was a notable judgement that had created an impact in the AI world. This case is the perfect example of how the world is bridging the gap between tradition and innovation.(How IP Laws are including AI).

Advantages of Artificial Intelligence:

Artificial intelligence is playing an important role in the world of the digital era. It not only transformed technology but also reshaped the industry across the world. It increased the growth of the economy and helped to enhance efficiency and productivity.

Therefore, some of the major advantages of artificial intelligence are listed below:

• Adaptability: AI goes hand in hand with time. It not only adapts things quickly but also finds the solution. It is very useful as it adapts the new infringement and helps the owner to take suitable action at the earliest instance. It identifies the new threat patterns and improves accordingly.
• Efficiency: It is one of the main reasons why it is useful as it saves one of the precious things of this era, and that is "time." It can easily scan large data within seconds. It is more efficient than any other method of scanning. It saves time and increases the detection of copyright.
• Accuracy: It improves the overall growth and helps us to provide accurate results. It can perform multiple tasks at one time. This accuracy of AI not only saves our time but also provides us an opportunity to focus on more important things.
• Lesser Cost: Artificial Intelligence saves labor incentives and reduces the use of manual intervention.
• Scalability: It can handle a large amount of data and can process that data without any error. It monitors data across various platforms in the world.

Disadvantages of Artificial Intelligence:

We all are aware of a popular phrase "double-edged sword" which means that everything has its two sides, one denoting the positives and the other the negatives. Hence, here we will encounter some drawbacks of AI:

• Privacy Issues: This is one of the major drawbacks of Artificial Intelligence that is still debatable. There should be a balance between Intellectual Property Rights and the protection of privacy rights. The personal data of the user should be monitored and kept safe. There are few copyright enforcement techniques that involve the tracking of data of their users. Privacy, which is the major concern, is still struggling. They keep a check on browsing history, profiles, and many more that raises questions about the violation of privacy issues.
   
• Ethical Concerns: Fairness, accountability, and protection of copyright are very important. We fully rely on AI, due to which we expose all our data to AI software, raising privacy concerns. Preservation of individual rights and implementation of robust data protection is a must.

Conclusion
The balance of everything is very important in life. Be it nature, tradition or technology. The clash between the intersection of copyright in artificial intelligence highlights the complexity of balancing Artificial Intelligence and Copyright. On one hand where intellectual property rights safeguards innovation and creativity while on the other hand AI being efficient and accurate to detect infringement.

However, both of them raise questions regarding the privacy issues and ethical principles. Where we talk about fairness and accountability. Transparency of personal details can cause us major problems in future. Moreover, developing and maintaining the AI standards will require a good capital investment and expertise. If copyright in AI would be implemented then people can also use it for malicious purposes that will harm the society and would be against natural justice.

Moreover, the ethical use of AI will help us to address the major problems present in society. Hence people related to this field should implement the use of AI in an ethical manner and should take care of the complex issues. A powerful tool like AI should be implemented carefully and should ensure fair use. There should be a balance that should be looked at and the use of AI in copyright infringement should be promoted with fairness and accountability where we respect the rights of the individuals.

References:

1. https://or.niscpr.res.in/index.php/JIPR/article/download/1205/2743/37858
2. https://www.researchgate.net/publication/376885311_Artificial_Intelligence_and_Intellectual_Properties_Legal_and_Ethical_Considerations
3. https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html
4. https://www.managingip.com/article/2a5czmpwixyj23wyqct1c/exclusive-india-recognises-ai-as-co-author-of-copyrighted-artwork
5. https://ksandk.com/intellectual-property/divergent-copyright-recognition-ai-generated-works-sahnis-case-us-vs-india/#background-suryast-and-uscos-decision
6. https://www.barandbench.com/law-firms/view-point/intersection-intellectual-property-rights-ai-generated-works-part-i
7. https://www.livelaw.in/law-firms/law-firm-articles-/artificial-intelligence-intellectual-property-indian-copyright-act-singhania-co-llp-238401

Award Winning Article Is Written By: Ms.Shambhavi Mishra

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