Day 6: Certificate Course On Interface Between Artificial Intelligence & Ip Law
Event date: 12th December 2025
The 6th day of the Certificate Course on “Interface of Artificial Intelligence and Intellectual Property Law”, featured an engaging and insightful lecture by the speaker Prof. (Dr.) Sunanda Bharti, Professor of Law, Law Centre–I, Faculty of Law, University of Delhi
The session commenced with a foundational discussion on Artificial Intelligence, explaining its core characteristics such as the ability to learn, reason, and adapt. Prof. Bharti illustrated these concepts through practical examples, including a simplified explanation of how a song may be generated by an AI system, highlighting the role of human inputs and algorithmic processes.
The discussion then progressed to the input problem in generative AI, addressing concerns regarding the use of copyrighted material for training AI systems. Key international and comparative perspectives were examined through landmark cases such as the Getty Images and GEMA disputes, and Thomson Reuters Enterprises LLC v. Ross Intelligence Inc., shedding light on data scraping, licensing, and infringement concerns.
A significant portion of the session focused on the doctrine of fair dealing in the context of AI, with reference to Indian jurisprudence, including ANI v. OpenAI (Delhi High Court). Prof. Bharti engaged participants in analyzing whether AI-generated outputs can qualify for copyright protection, supported by a detailed discussion on the “Is that output copyrightable?” analytical framework.
The session further examined critical legal questions under Section 3 of the Copyright Act:
- Whether AI can be considered a creator,
- Whether AI-generated outputs can be attributed to AI, and
- Whether AI itself can be granted copyright, with comparative insights drawn from Stephen Thaler v. Shira Perlmutter.
The lecture also addressed hybrid works and AI-assisted creativity, questioning the extent of human involvement required for copyright subsistence. Broader normative issues such as gatekeeping creativity, and the potential impact of AI on the creative and cultural ethos, were discussed, encouraging participants to reflect on the future of authorship and originality.