AI-Generated Works and Intellectual Property Law: Constitutional Challenges and Emerging Legal Frameworks

The rapid advancement of artificial intelligence (AI) has significantly transformed the landscape of intellectual property (IP) law by enabling machines to autonomously generate literary, artistic, musical, and technological outputs. Unlike traditional technological tools that merely assist human creativity, modern generative AI systems are capable of independently producing works and inventions with minimal human intervention. This development challenges the traditional humancentric foundations of intellectual property law, particularly the concepts of authorship, originality, and inventorship. Existing legal frameworks in both India and the United States continue to recognize only human creators, thereby creating uncertainty regarding the legal status of AIgenerated works. This research paper critically examines the constitutional and legal implications of extending or denying intellectual property protection to AI-generated works through a comparative analysis of India and the United States. The study analyzes copyright and patent law frameworks, judicial precedents, and constitutional principles governing AI-driven intellectual property protection. In India, the analysis is situated within the framework of Articles 14, 19(1)(a), and 21 of the Constitution of India, while the United States approach is examined through the Intellectual Property Clause under Article I, Section 8, Clause 8 of the U.S. Constitution and First Amendment considerations. Adopting a doctrinal and comparative methodology, the paper evaluates competing legal models, including the human attribution model, public domain model, AI legal personality model, and sui generis protection framework. The study argues that the existing human-centric intellectual property regime is inadequate to address the realities of AI-generated creativity and innovation. It concludes that a balanced and constitutionally compliant sui generis framework offers the most pragmatic solution for regulating AI-generated works while preserving innovation incentives, public interest, and fundamental rights.