S. Sweetlin Devamanohari 1, and T.Priya 2,
Assistant Professor,
GTN Arts College (Autonomous),
Dindigul.
Abstract
Copyright is the legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, computer programs, databases, advertisements, maps, and technical drawings. Individuals who create content are known as content creators and have copyrights over their content. In India, according to Section 17 of Copyright Act 1957, except private research work in every other work owner or first author shall be the person for whom work is done or under whom the work is done, the employer shall be the owner of work and it is same in the case of Government work. The United States copyright notice is composed of: “©” or the word “Copyright” or abbreviation “Copr.”; the year of the copyrighted works initial publication and so on. The owner of the copyright can be identified by their name, abbreviation, or other designation known commonly. In business the logo for the company also must be unique and should avail copyright, so once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws. In the case of copyright ethics these issues include respect for the author’s achievement, respect for property interests, and recognition of the social claim to fruits of intellectual activity and the social right of free access to information. As the creator, owner, or holder of the copyrighted material, it is up to you to enforce your rights to stop the infringing activity. One of the easiest and most popular ways to stop copyright infringement is by sending a Copyright Infringement Notice to the individual responsible. In this article, we will deeply research the existing copyright infringements in a world bound with Artificial Intelligence technology and the safeguard measures.
Keywords: Copyright, Content, Creator, Register, Rights, Publications, Infringement.
1. Introduction:
Copyright is an intellectual property which safeguards original works of authorship once they fixed the work in a tangible form of expression. There are different types of works available in copyright law which includes paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, etc.
1.1. Copyright Act in India:
The Copyright Act 1957 readdressed and became the legal basis of copyright law in India. This Act starts from 21st January 1958. India’s history of copyright law can be traced back to its emigrant era under the British Empire. The Copyright Act 1957, which was the first copyright legislation after independence, has been amended six times since its inception. The copyright (Amendment) Act was resulted in the most recent amendment in 2012.
Copyright has been defined in Section 14 of the Copyright Act, 1957 [2] as an exclusive right to do or authorise the doing of any of the following acts in respect of any significant portion of a work, namely:
- Ensure that the work is copied in any format and stored in any format.
- Make copies of the material accessible to everyone.
- Execute the task in Public
- Produce any kind of cinematographic film that pertains to the work
- Interpret the task
- Make a modification to the work
1.2. UCC -Universal Copyright Convention:
It is an international instrument which was drawn up in 1952 under the auspices of UNESCO. If it were to be as universal as its title claims, the Convention not only had to recognize copyright as a human right but also to act as a kind of bridge between the world’s different legal and social systems. As an attempt to devise a legal common denominator which would faster respect for the rights of creators and also encourage the international circulation of literary, scientific and artistic works, the UCC had a dual thrust.
Due to the abundance of similar research works, academic research is associated with literary works, which makes it more likely to be copied illegally. Under Intellectual Property Law, the Copyright Act of 1957 protects against unauthorized copies of works. It offers a few crucial requirements that must be met for that. The rules are often quite similar across all nations. Therefore, any study that is done typically receives easy protection in all countries. However, if someone violates that rule, they will not be covered by copyright protection and will instead be penalized. The Copyright Act protects authors by forbidding unauthorized copying of their work.
2. Academic Research:
According to the definition of academic research [2][3], it is “a systematic analysis of a situation or problem with the aim of identifying facts and/or ideas that would help deal with the situation or solve the problem.” This academic or intellectual study is centred on the goals and inquiries of other researchers. It seeks solutions through formal, scientific, and organized procedures. Existing theories serve as a framework for academic study to either support or deny this assertion.
Authors of research papers encounter copyright typically in only two situations.
- Far more common, is signing the copyright form (in effect, giving the copyright to their manuscript to the journal’s publisher) as one of the last steps before the paper is published.
- Less common, is responding to the question from an editor about whether they have acquired the permission to reproduce any figures or tables that are part of the manuscript but have been taken from other published sources.
3. Fair Use:
The four statutory factors of fair use are:
•The purpose and character of the proposed use
•The nature of the work being used
•The amount of the work being used
•The effect of the use upon the market for the copyrighted work
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes. Depoorter and Parisi 2002 [1], discuss the factors that because of advent of technology the cost of copyright transfer reduces to a minimum. For such a case, people need to identify proper application of fair use doctrine by using relevant fair use doctrine and needed critical variables.
4. Copyright Infringements:
Infringement happens when a person wittingly or unwittingly duplicates or utilizes someone else’s work without giving due credit. Two categories of infringement are frequently distinguished: primary and secondary. Primary infringement is the act of copying oneself; secondary infringement refers to illegal acts like importing, selling pirated publications, and so forth. The creator has the exclusive right to sell or permit his work to third parties who may use it; however, if someone copies or replicates the work of the copyright holder (i.e. Creator) without the creator’s consent, this can result in infringement of copyright.
5. Remedies for infringement
The following are the primary prerequisites for taking action against copyright infringement:
a) Evidence of copyrighted works
b) Significant resemblance between the original and the infringing piece
c) Copying is formulating wrongful appropriation.
Sending a formal notification of copyright infringement to the person or organization in question is the first and most important step. If there is a digital copyright infringement, the offending person or organization may receive a takedown notice. A copyright owner has a lot of alternatives when it comes to dealing with copyright infringement under both criminal and civil law.
6. AI and Copyrights:
Artificial intelligence-generated content may have significant effects on copyright regulations. Since the software was only a tool, much like a pen and paper, to support the creative process, the ownership of copyright in computer-generated works was traditionally uncontested [5]. If a creative work is original, most definitions of originality call for a human author and it is protected by copyright. The majority of jurisdictions including Germany and Spain state that copyright protection is only available for works that are created by humans. However, with the most recent developments in artificial intelligence, a computer program is no longer just a tool rather; it now actively participates in the creative process by making numerous judgments without the need for human input.
Copyright conferring on artificial intelligence-generated works has never been expressly forbidden. Nonetheless, there are hints that non-human copyright may not be allowed under the rules of many nations. According to the Copyright Office in the United States, for instance, “an original work of authorship may be registered, provided that the work was created by a human being.” This position stems from case law that stipulates that copyright law exclusively protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind,” such as Feist Publications v. Rural Telephone Service Company, Inc. 499 U.S. 340 (1991). In a same vein, a judge in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd) determined that a work produced with the assistance of a computer could not be protected by copyright because it was not produced by a human.
The legal landscape surrounding AI and copyright is still evolving, and the laws governing liability for AI content are still developing. To fully protect themselves, organizations using AI to create written content or art should consult with a suitably experienced attorney to minimize their exposure to liability. Similarly, a lawyer specializing in AI and digital technologies can assist anyone who believes their IP has been misappropriated – whether by AI or human activity – in securing their rights, protecting their creative output, and securing damages if necessary.
Cases of AI-originated IP infringement form a relatively new and evolving area of the law, and there have been only a few instances where courts have addressed such issues. However, some recent cases may provide some indication as to how courts may rule in future cases.
6.1. Legal Safeguards
An attorney with experience in AI-related legal matters can help organizations protect themselves from the consequences of using AI that generates incorrect, discriminatory, or copyright-infringing output in several ways:
Drafting and implementing comprehensive terms of service agreements that clearly outline the intended use of AI-generated content and the responsibilities of the organization with respect to such content. This can help ensure that the organization is not held liable for any infringing or objectionable content generated by the AI.
7. Reminders to Publishers:
Read the copyright agreement carefully before signing it: remember that you handing over the rights to use the data, information, and knowledge that are outcomes of public funding in most cases [4]. Check whether the terms of funding dictate particular types of licence or oblige you to publish your findings only in open-access journals. Inform those whose work you have used: “fair use” may allow you to use the work of others without obtaining their formal permission, but it is always good to let them know that you are doing so before your paper is published. Remember that copyright typically covers text, images, recordings, and so on—not physical products such as prototypes or processes or chemical compounds, which are governed by other laws related to intellectual property; seek competent legal advice in these matters. Lastly, read up to know more about copyright, licences, and other matters related to intellectual property because as a researcher, you are the creator of such property.
8. Conclusion:
Copyright is not an issue that is going to go away for researchers. As open access continues to build momentum and debates about copyright become more intense, the importance of the law is only going to grow. As such, it’s crucial that researchers be aware of copyright. Not only so they don’t run afoul of it when publishing their work, but also so they can understand the laws that govern the business responsible for distributing their writing.
References:
- Depoorter, B. & Parisi, F. (2002). Fair use and copyright protection: a price theory explanation International Review of Law and Economics, 21, 453-473.
- https://www.iiprd.com/academic-research-and-copyright-issue/
- https://www.editage.com/insights/a-quick-guide-to-copyright/
- https://www.ithenticate.com/plagiarism-detection-blog/why-copyright-matters-in-research
- https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html