Open Access Research Article

FAIR USE OF COPYRIGHTED WORKS IN AI-GENERATED CONTENT: AN EMPIRICAL STUDY ON AWARENESS, PERCEPTIONS, AND LEGAL CHALLENGES AMONG CONTENT CREATORS IN INDIA

Author(s):
MAHARAJAN P
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7

Abstract

The rapid development of Artificial Intelligence (AI) and its increasing use in the creation of content have raised important legal issues of copyright protection, fair dealing, ownership and liability for copyright infringement. One of the biggest legal issues with generative artificial intelligence systems is whether or not it is legal to use copyrighted works, often included in the large datasets used to power these systems, to train AIs and generate content. The present study aims to understand the awareness, perception and legal challenges of using the copyrighted works in the AI generated material with specific reference to Indian Copyright regime. In this study, empirical research methodology was used and data was collected from 54 respondents through structured questionnaire. The data collected were analyzed using frequencies and percentages as the descriptive statistical methods. Results showed that 70.4% of respondents knew that content produced by AI may contain copyrighted works and 68.5% of them knew about copyright protection of content produced by AI. At the same time, 72.2% of respondents believe that permission should be obtained from the owners of copyright before using protected works to train AI, and 75.9% believe that if content created by AI is found to be substantially similar to existing copyrighted works, it could be considered copyright infringement. The findings revealed a divided view on the extent of allowable copyright exceptions with 51.9% supporting the use of exceptions for fair use or fair dealing for educational and research purposes and 48.1% opposing it. The results also showed that 94.4% agreed that some form of attribution or compensation should be made to the copyright holders of the works used to train the AI. Interestingly, 74.1% felt that the current Indian intellectual property and copyright regime does not offer sufficient solutions to the copyright related issues raised by content created by AI. 88.9% supported the establishment of specific legal provisions for regulating AI training and content generation. The respondents also disagreed on whether the developers of the AI or the users should take responsibility for copyright infringement.The research finds relatively high awareness of copyright issues relating to AI produced material but considerable uncertainty around fair dealing exceptions, legal liability and adequacy of existing copyright legislation. The paper stresses the need for more legal transparency, copyright literacy and suitable policy reforms to balance the interests of content creators and technological innovation in India.

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Author Details

Authors: MAHARAJAN PRegistration ID: 1013529 | Published Paper ID: IJLRA13529Approved ISSN: 2582-6433 | Country: Delhi, India

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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