Authored By – Sanika Anand Tilekar, Navalmal Firodia law college 

Introduction

This article explores the intersection of Artificial Intelligence (AI) and Intellectual Property Rights (IPR) in the entertainment industry. It delves into their scope, challenges, necessary precautions, and the steps taken by the government to address these issues, along with relevant case laws.

Keywords: Intellectual Property Rights, Patent Act 1950, Copyright Act 1970, Artificial Intelligence.

Meaning, Definition & Explanation

Intellectual Property Rights (IPR)

Every human has a mind, but some possess uniquely creative thinking. Through this creativity, they generate something distinct, which can exist in tangible or intangible form. However, creations originating from creative thinking in intangible form are referred to as intellectual property.

Intellectual property consists of different types, such as copyrights, patents, geographical indications, and trademarks. To protect intellectual property from misuse, copying, and theft, the law grants exclusive negative and positive rights to creators for a certain period. Hence, these rights are collectively known as Intellectual Property Rights (IPR).

Definitions of Intellectual Property by Recognized Institutions:

1. World Intellectual Property Organization (WIPO):
   “Intellectual property rights are laws that protect persons or organizations, either in writing or in recorded form, related to their brainchild creations or inventions, as well as artistic and literary pieces, signs, names, or designs used for commercial purposes. Such rights permit the creators of and innovators of a specific creation to gain exclusive control of its use for a particular duration so that one can enjoy economic benefits and gain recognition for it.”
   (Source: G., S., 2021. Intellectual Property Rights (IPR): An Overview. Intellectual Property: Other eJournal. DOI: 10.35337/EIJLITR.2021.1205)

2. U.S. National Library of Medicine:
   “The legal rights given to the inventor or creator to protect their invention or creation for a certain period, granting exclusive rights to utilize their creations.”
   (Source: NCBI)

3. Stanford Encyclopedia of Philosophy:
   “Non-physical property that is the product of original thought.” It emphasizes that IPR “surrounds the control of physical manifestations or expressions of ideas,” thereby protecting creators’ interests by assigning and enforcing legal rights over their creations.
   (Source: Stanford Encyclopedia of Philosophy)

Artificial Intelligence (AI)

Artificial Intelligence refers to the development of computer science for performing tasks that require human intelligence.

Definitions of AI by Recognized Institutions:

1. IBM:
   “Artificial intelligence (AI) is a technology that enables computers and machines to simulate human learning, comprehension, problem-solving, decision-making, creativity, and autonomy.”
   (Source: IBM)

2. NASA:
   “Artificial intelligence refers to computer systems that can perform complex tasks normally done by human reasoning, decision-making, creating, etc.”
   (Source: NASA)

Historical Background

Historical Background of Intellectual Property Rights in the Entertainment Industry

The entertainment industry has evolved significantly, tracing its roots back to ancient civilizations. Initially, entertainment took the form of oral traditions such as storytelling and epic poems, often shared in royal courts or public gatherings. Performing arts, including dance, music, and theatrical plays, were crucial cultural entertainment components, especially in the courts of kings and emperors.

With time, entertainment expanded to literature, poetry, and drama, laying the foundation for modern entertainment. The introduction of film in the late 19th century marked a turning point, leading to cinema’s global popularity. Technological advancements further transformed the industry, bringing television, digital media, and, more recently, short video platforms like TikTok and Instagram Reels.

However, despite the widespread use of creative and unique ideas, many works went unrecognized, leaving creators vulnerable to exploitation. This highlighted the need for legal safeguards, leading to the introduction of intellectual property laws in the 1900s to protect creators’ rights and recognize their contributions.

Historical Background of Artificial Intelligence (AI) in the Entertainment Industry

Entertainment has existed since early human civilization. Ancient societies engaged in entertainment through dancing, cave paintings, storytelling, and craft-making. As centuries passed, entertainment evolved alongside cultural and technological advancements.

With the rise of computer science, AI found its way into the entertainment industry, revolutionizing content creation and consumption. Innovations such as digital audio production, advanced lighting effects, background composition music, and visual effects (VFX) have significantly enhanced storytelling in films, television, and gaming.

Types

Types of Major Intellectual Property Rights in the Entertainment Industry

1. Patents: Granted for inventions, patents protect rights related to media production and broadcasting.

   • Example: 3D film technology.

2. Trademarks: Protects brand names, slogans, and logos in the entertainment industry.

   • Example: Star Wars.

3. Copyrights: Protects original creative works, including movies and music.

   • Example: Disney holds copyrights over The Lion King and Frozen.

Types of Major Artificial Intelligence in the Entertainment Industry

1. Content Recommendation Systems:

   • Streaming platforms like Netflix use AI algorithms to analyze user preferences and suggest personalized content.

2. Automated Video Editing:

   • AI-powered tools like Magisto use machine learning to automate video editing, streamlining the process for creators.

3. Music Recommendation and Discovery:

   • Platforms like Spotify’s Discover Weekly leverage AI to analyze listening habits and create personalized playlists.

Essentials

In the entertainment industry, intellectual property rights primarily cover intangible assets such as song compositions, plotlines, and story scripts. To secure legal rights over these creations, the creator must register them under the appropriate intellectual property law. For example, songs and dialogues fall under copyright law, while production names and brand identities are protected as trademarks.

Key considerations include:

1. Check AI Tool’s Terms:

   • Review the AI tool’s terms of service, as some tools may impose ownership restrictions.

2. Determine Ownership:

   • Ownership can be complex if the AI tool was trained on copyrighted material without permission.

3. Register Work:

   • Registering artistic work with copyright offices (e.g., Indian Copyright Office) establishes proof of ownership.

4. Obtain a Copyright Certificate:

   • Serves as formal evidence of ownership and is critical for legal protection.

5. Clear Rights for Film Use:

   • Obtain necessary licenses for film use to avoid disputes.

6. Film Synchronization License:

   • Required for using music in audiovisual works.

7. Film Production Agreement:

   • Contracts should explicitly address music ownership and licensing rights.

8. Music Composer Agreement:

   • If multiple parties are involved, agreements should clarify ownership and usage rights.

9. Keep Records of Creation:

   • Document details of the AI tool and human contributions to establish authorship.

10. Document Ownership and Licensing:

• Maintain comprehensive records of all agreements and permissions related to music usage in films.

Defenses / Exceptions / Exceptions to Defenses

AI and Copyright Ownership

In the case Thaler v. Perlmutter, the court held that for obtaining copyright, the work should not be solely created by AI; it should also have human intervention. Artistic work must have human authorship to be eligible for protection. Hence, AI-created content remains unprotected without human intervention.

Inclusion of AI-Generated Material

If a film consists of AI-generated work along with human contribution, the entire film can be protected. However, the AI-generated content will remain unprotected. The creator must explain or disclose the AI-generated content to ensure compliance with copyright laws.

Authorization for Training Data

In India, AI developers are required to obtain permission to use copyrighted material for training their models if the use is commercial. Hence, there is a need for compliance with existing copyright laws when developing AI technologies.

Fair Use Exception

If AI is used for the generation of ideas or brainstorming, the ideas are not protected by copyright. This is similar to when a human comes up with ideas—copyright law protects only the expression of ideas, not the ideas themselves. Therefore, if AI suggests a plot or character name, it will not be protected. However, if these ideas are transformed into tangible products such as movies, books, etc., then they can be protected under copyright law.

Legal Provisions / Procedure

Indian Copyright Act, 1957

Recent statements from the Indian government clarify that AI developers must obtain permission to use copyrighted materials for commercial purposes unless covered under fair use exceptions (Section 52).

As per Section 2(d)(vi) of the Indian Copyright Act, 1957, for any literary, dramatic, musical, or artistic work that is computer-generated, the person who causes the work to be created is considered the author.

Recent Government Statements

• The Indian Ministry of Commerce and Industry has asserted that existing Intellectual Property Rights (IPR) laws are well-equipped to handle issues arising from generative AI content without requiring a separate category of rights.
• The government emphasizes that current laws adequately protect creators’ rights against unauthorized use of their works by AI systems.

Indian Patent Act, 1970

The Indian Patent Act, 1970, also plays a role in governing AI-related inventions, but specific regulations concerning AI-generated content are still evolving.

Case Laws

Arijit Singh vs. Codible Ventures LLP

• Case Reference: COM IPR SUIT (L) NO. 23443 OF 2024, Judgment dated July 26, 2024

• Summary: This landmark ruling by the Bombay High Court addressed the unauthorized use of Arijit Singh’s voice through AI technology. The court recognized that such voice replication constitutes a violation of personality rights, thereby expanding the scope of these rights in the digital age. This decision sets a significant precedent for artists seeking to protect their identity and creative output against unauthorized AI-generated content.

Anil Kapoor’s Persona Protection Case

• Case Reference: Delhi High Court, 2023

• Summary: In a notable ruling, the Delhi High Court upheld Anil Kapoor’s rights against the misuse of his image and voice through AI technology. The court’s order prohibited unauthorized commercial exploitation of Kapoor’s persona, reinforcing personality rights under Indian law. This case highlights the legal recognition of personality rights in the context of AI and its implications for celebrities.

Conclusion & Comments

From this analysis, it is evident that AI is significantly influencing intellectual property rights in the film industry. However, numerous challenges are emerging, particularly in copyright protection and authorship recognition. Despite these complexities, the government and legal framework are making considerable efforts to protect authorship rights and regulate AI-generated content within the boundaries of the existing copyright laws.

References

Books / Commentaries / Journals Referred

1. INTELLECTUAL PROPERTY – W.R. Cornish

Online Articles / Sources Referred

1. IP Considerations for AI-Generated Content: Copyrights and Beyond (Accessed: 25 January 2025).

2. Delhi High Court’s Landmark Order Protecting Anil Kapoor’s Persona in the Age of AI: An Indian Legal Perspective (Accessed: 26 January 2025).

3. Commerce Ministry: Copyright Laws and Generative AI (Accessed: 27 January 2025).

4. Copyright Clarity in India: AI Developers Require Permission for Commercial AI Models (Accessed: 28 January 2025).

5. AI Developers Must Get Authorization to Use Copyrighted Materials, India’s Government Declares.

6. AI and Copyright (Accessed: 30 January 2025).

7. AI-Generated Songs Can’t Be Copyrighted (Accessed: 31 January 2025).

Cases Referred

1. Anil Kapoor vs. Simply Life India & Ors.

2. Arijit Singh vs. Codible Ventures LLP, COM IPR SUIT (L) NO. 23443 OF 2024

Statutes Referred

1. The Copyright Act, 1957
2. The Patents Act, 1970