FROM HUMAN CREATOR TO VIRTUAL ARTIST: ANALYZING THE CHALLENGES OF GEN AI ON EXISTING LAWS GOVERNING COPYRIGHT
AUTHOR – SPANDHANA. M & YOVNA KOTHARI
STUDENTS AT BITS LAW SCHOOL MUMBAI
BEST CITATION – SPANDHANA. M & YOVNA KOTHARI, FROM HUMAN CREATOR TO VIRTUAL ARTIST: ANALYZING THE CHALLENGES OF GEN AI ON EXISTING LAWS GOVERNING COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 706-720, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I777
ABSTRACT
With the development of artificial intelligence (AI), which makes it possible for robots to carry out jobs that were previously only possible for humans, information technology has rapidly changed on a worldwide scale. Natural language processing-powered tools like virtual assistants serve as examples of this change. Simultaneously, generative AI (GenAI) has become a potent force in artistic creation, posing difficult legal issues with regard to intellectual property, especially copyright.
The “output problem,” or whether AI-generated works are eligible for copyright protection, is a major concern. Despite being created by humans, AI’s ability to be creative on its own defies conventional frameworks that exclusively acknowledge human authorship. This raises questions about who owns the rights: the user, the programmer, or neither? When AI systems use pre-existing copyrighted content in their creation processes, the problem becomes much more complex.
WIPO and other international organizations are actively investigating these issues in order to create appropriate regulatory strategies. In order to evaluate the burden GenAI places on copyright law, this article engages with international legal discourse and judicial viewpoints. It draws attention to the shortcomings of existing theories on originality and authorship as well as the more fundamental normative worry that widespread algorithmic replication could weaken artistic originality. In the end, it makes the case for a fair structure that encourages creativity while maintaining originality.