AI AND IP: RETHINKING OWNERSHIP, CREATIVITY AND RIGHTS

Vanshika Jain; Rekha Verma

doi:10.36948/ijfmr.2025.v07i02.42466

AI AND IP: RETHINKING OWNERSHIP, CREATIVITY AND RIGHTS

Author(s)	Ms. Vanshika Jain, Dr. Rekha Verma
Country	India
Abstract	Artificial Intelligence is transforming creative and innovative processes by improving efficiency, facilitating large-scale content generation, and making knowledge and tools more accessible. From the preparation of legal documents to the composition of music and the design of pharmaceuticals, AI is reshaping various industries. Contrastingly, it has also challenged the long-standing intellectual property (IP) law principles, which were focused on human creativity, authorship, and originality. The current IP frameworks are being tested by the advent of Generative AI technologies that can create literary pieces, music, designs, and even scientific breakthroughs. This article provides a thorough analysis of the impact of AI on fundamental intellectual property concepts, with a particular emphasis on the areas of copyright, patent, and design law. Copyright is one of the most debated subjects, with issues regarding the originality and authorship of works produced by artificial intelligence. The article examines the legal “originality” of such creations and discusses whether the developer, user, or AI itself should be recognized as the legitimate author. The article examines changing legal standards and the degree to which human participation, such as prompt engineering or design input, may meet the threshold for protection through a comparative study of jurisdictions like India, the United States, the European Union, and China. Additionally, the paper assess the debatable issue of using copyrighted material to train AI systems, exploring if such practices constitute infringement or are considered fair use. It assesses the balance between innovation and the protection of creative rights as contended in the legal battles between authors and AI systems. The paper finds that the advent of AI raises questions about the normative premises of IP law and highlights the pressing need of reform in the present IP landscape. A rethinking of IP principles is necessary as AI keeps blurring the distinction between tool and creator. This revision should acknowledge human input, guarantee accountability, and adjust to the changing dynamics of machine-assisted creation.
Keywords	Artificial Intelligence, Intellectual Property, Copyright, Authorship, Originality
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 2, March-April 2025
Published On	2025-04-25
DOI	https://doi.org/10.36948/ijfmr.2025.v07i02.42466
Short DOI	https://doi.org/g9gp25

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AI AND IP: RETHINKING OWNERSHIP, CREATIVITY AND RIGHTS

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