AI Artwork Copyright: Thaler Criticizes Indian Office Decision

Stephen L Thaler, creator of the AI system DABUS, has voiced criticism regarding a decision by the Indian Copyright Office concerning artwork generated by his AI. While the office acknowledged the work as original and thus eligible for copyright protection, it attributed authorship to Thaler. Thaler argues this constitutes a legal fiction that misrepresents the current reality of artificial intelligence.

Thaler contrasts India's approach with that of the United States. He considers India's position more advanced for recognizing the work's originality. According to him, the U.S. Copyright Office has repeatedly denied copyright protection to works lacking human authorship. India's Copyright Act, specifically Section 2(d)(vi), allows for the protection of computer-generated works and assigns authorship to the person who "causes the work to be created."

The Indian authorities based their decision on the principle that "autonomy in execution is not synonymous with conception of a work." Thaler disputes this, asserting that the DABUS system independently develops ideas without direct human command. He maintains that the AI itself was the creator of the work. This assertion has been central to his legal strategy, despite its rejection by several international bodies.

Thaler also points to an inconsistency within India's copyright registry, citing the AI tool RAGHAV as a co-author of artwork in 2020. He believes this demonstrates internal inconsistencies within the Indian Copyright Office. The decision followed a lengthy process, and Thaler expresses frustration with bureaucratic delays.