Legal Personhood of Artificial Intelligence
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Date
2022
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Publisher
Jescho Publishing House
Abstract
With the rise of AI, artistic creation of content is no longer a purely human enterprise. Currently works made by AI are considered to be computer assisted or aided works and copyright/patent right is vested in the human being who uses Al as a tool. However, questions have arisen as who owns the copyright/patent right in AI-generated works where there is no human input. Is it the inventor of the AI? The owner of the AI (Who may not be the inventor)? Or might the AI be given a certain degree of legal subject status and thus have its own rights? Section 4 of the Copyrights and Neighbouring Rights Act, 20061 provides that the author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. Section 17 of the Industrial Property Act 20142 provides that the right to a patent belongs to the inventor. Section 17 of the same Act provides that where two or more persons have jointly made an invention the right to the patent belongs to them jointly. It remains unclear who the author or inventor of a work or invention by an AI will be.
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Keywords
Artificial Intelligence, AI, Copyright Law, Inventorship