Copyright Protection for AI-Generated Works in India: Challenges of Authorship, Ownership and the Need for Legislative Reform

The rapid development of generative Artificial Intelligence (AI) has challenged traditional copyright principles based on human authorship and creativity. AI systems can now independently generate literary, artistic, musical and other creative works, raising complex questions regarding originality, authorship, ownership and copyright protection. This paper critically examines the adequacy of the Indian Copyright Act, 1957 in regulating AI-generated works, particularly in light of Sections 2(d), 13 and 17. It analyses whether AI-generated works satisfy the requirement of originality and examines whether authorship should vest in the AI user, developer or another stakeholder. The study adopts a doctrinal and comparative approach, examining Indian judicial principles alongside the legal positions of the United Kingdom, United States and European Union. It identifies significant legislative gaps concerning autonomous AI-generated works and AI training data. The paper proposes a human contribution test, disclosure requirements, licensing mechanisms for AI training and a limited sui generis framework to balance technological innovation with the protection of human creativity.