HomeNewsTrendsLifestyleWhen you create using generative AI like ChatGPT, whose intellectual property is it?

When you create using generative AI like ChatGPT, whose intellectual property is it?

Indian law currently protects expression, not ideas. If humans become idea generators - giving prompts - and the expressions or lines come from AI, who can claim authorship and copyright protection?

November 25, 2023 / 11:09 IST
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Unlike conventional tools like pens or word processors, AI transcends mere functionality. Its output is creative and involves intellectual efforts. So, when you create literary fiction using AI, can the AI or AI makers claim authorship of it too?
Unlike conventional tools like pens or word processors, AI transcends mere functionality. Its output is creative and involves intellectual efforts. So, when you create literary fiction using AI, can the AI or AI makers claim authorship of it too?

Literature is an ever-expanding canvas - welcoming new voices, styles, stories that mirror shifting challenges, values and fears of our society.  Now a new frontier emerges - artificial intelligence (AI). In 2021, Vauhini Vara, a technology journalist and novelist, wrote nine short essays with an unusual co-author - AI (an invite-only version called ‘Playground’ developed by OpenAI). These essays, published in Believer magazine, went viral touching a chord (or nerve) with readers and of course writers. She turned to AI to tell the story of her sister's death, a story she couldn’t bring herself to tell.

Over the nine essays, Vara gives increasingly more detailed information to AI to work with. AI first makes stuff up, ending one story with a complete recovery. In another story, AI has the protagonist processing her grief through running and turning into a runner for cancer benefits (Vauhini Vara does not and is not in real life). Again, AI is fed more information. The author has to reveal more. With nudging and coaxing, the later essays capture her very real grief and tell a fictional story that is authentic. Vauhini Vara herself attributes one of the best lines in the pieces to the AI. However, she is cautious and warns of Big Tech swallowing language, in the same way it swallows things like friendship and community into online followers and marketplaces.

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The evolution of AI as a creative tool poses profound questions about authorship. Unlike conventional tools like pens or word processors, AI transcends mere functionality. Its output is creative and involves intellectual efforts. A tenet of copyright law is protection of “expression” of an idea and not the idea. For example, we can all think - Love is best and the worst. However, both the Delhi Belly song lyricist who penned “I hate you like I love you” and Ghalib who wrote “Mohabbat mein nahi hai phark jeene ya marne ka” (Translation: In love, there is no difference between living and dying) expressed the same idea and would hold rights over the unique lines and not the idea. With writers collaborating with AI, this delineation blurs. Are we just human idea generators and AI - the expressors. Does the task of expression, once solely attributed to human authors, now shift to the AI itself?

In India, the Indian Copyright Act, 1957 governs “literary work” and the author holds all rights in her literary work. In computer-generated literary work - the “person who causes the work to be created” is the author. With AI who is the “person causing the work to be created”? The person who prompts the AI? The corporation that owns the AI (OpenAI, Microsoft or Google), the team of developers that built the AI? OpenAI’s terms of use say the user (prompt generator) owns output. Some platforms assign copyright to user. Yet the question arises: can they assign ownership or decide who is the owner when they may not inherently possess it?