http://nopr.niscpr.res.in/handle/123456789/61966 2026-10-10T23:01:45Z http://nopr.niscpr.res.in/handle/123456789/61974 Title: Protection of Artificial Intelligence Autonomously Generated Works under the Copyright Act, 1957- An Analytical Study Authors: K, Hema Abstract: Artificial Intelligence (AI) is not new anymore; it has become a new normal. In the present 3A era (Advanced, automated and autonomous), the Next Rembrandt paintings, Shimon’s lyrics and songs and Bot Dylan’s Irish folk songs are the works generated by the AI without any considerable human contribution. In the US, the Copyright Act, 1976 does not protect the works generated independently by the AI without human intervention and thus dropping such works in the public domain immediately after their creation. However, in the UK, the Copyright, Patents and the Designs Act, 1988 under Section 9 (3) attributes copyright to “the person by whom the arrangements necessary for the creation of the work are undertaken” in case of AI generated works. India has taken a giant leap by considering AI as the joint author along with the human responsible for the creation of work. However, there is not much comprehensive literature available that focuses on the impact of AI being considered as a joint author. This paper aims to create a concrete foundation by emphasising such impact under the Copyright Act, 1957. Furthermore, the paper considers the stance of the US, UK and Australia in protecting AI generated works to suggest measures to the current copyright regime in India. Page(s): 193-199 2023-05-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/61973 Title: Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India Authors: Sawlani, Chelsea Abstract: As technological developments continue to disrupt creative industries, they put to test our copyright doctrine. The recent litigation initiated against Sci-Hub and LibGen by three publishers raises complex questions permeating the Indian copyright regime. In this context, it is important to determine the values our copyright system serves and the standards of ‘fairness’ it demands to exempt certain infringements. This paper studies the Indian fair dealing jurisprudence from a theoretical standpoint to argue that it lacks a robust normative foundation. It first maps the prevalent theories of copyright and suggests that the cultural theory not only exposes gaps in the dominant incentive theory but also offers a more comprehensive understanding of copyright. It then analyses Indian fair dealing cases from this viewpoint. While the jurisprudence is largely inconsistent, analysis of two important cases reveals that while their outcome was desirable from a cultural theory perspective, their doctrine is insufficient to excuse certain socially-valuable infringements. Their emphasis on transformativeness coupled with an implicit bar on verbatim reproductions is critical. It is suggested that the Indian fair dealing jurisprudence is unfit to foster a just and attractive culture; one that strives to attain pluralistic values essential for the ‘good life’. Page(s): 200-210 2023-05-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/61972 Title: Analysing India’s National Education Policy from the Angle of Research, IP, Innovation, and Entrepreneurship Authors: Chowdhury, Anindya Roy; Hanumanthu, Purushotham Abstract: The National Education Policy 2020 is a fantastic move by the Indian government to transform the educational system. The aim to make higher education more multidisciplinary and comprehensive like making curriculum more adaptable, developing e-courses in regional languages, and introducing skill-development course are appreciated. However, the policy does not specifically mention intellectual property, innovation, and entrepreneurship—key elements of transferring higher education institution into a research and innovation focussed institution, which is the need of the hour. The current study looked at the role of intellectual property, research, innovation, and entrepreneurship and made some recommendations on how to integrate them into academic curricula so that NEP's goals can be met fully and faster. Page(s): 211-215 2023-05-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/61971 Title: The Death of Criticism: Moral Rights v Fair Dealing in the Indian Context Authors: Bansal, Sakshat; Vajpeyi, Ananya Abstract: Copyright protection is a legal force which has the power to encourage creators/authors by creating propriety rights in intangible assets. However, its purpose is not limited to serving creators. It also has the onus to balance out the interests of the society by ensuring reasonable access of ideas to the public at large. Moral rights and fair dealing exist at the two extremes of this incentive-access balance, necessitating friction in certain cases. This paper is aimed at highlighting a gap in the Indian legal context, where moral rights have become broad enough to pose a threat to fair dealing, particularly criticism, which is one of the most important aspects of development in any field. Pursuant to this aim, the paper puts forward an argument to subjugate moral rights to fair dealing through legislative amendments. Further, it suggests two judicial standards to navigate through the grey waters of the aforementioned friction. Page(s): 216-223 2023-05-01T00:00:00Z