The Case for Copyright Protection in ChatGPT Output

Abstract

Should the user who prompts ChatGPT have a copyright over its output? This paper makes a case for copyright over the output of AI. The paper discusses the requirements of India’s copyright law to suggest how they can be interpreted to support this stance. The paper considers the requirements of originality, fixation, and authorship. The paper then discusses the issue in the context of the functions of copyright. It assesses the issue from the perspectives of the incentive theory, labour theory, personality theory, and market dynamics. The paper discusses other factors, such as the problem of proof and moral rights. The paper also makes the case against not granting copyright in the output of AI. In sum, the paper discusses why copyright must be granted over ChatGPT output and its use.