Is AI creator or tool? Former Bombay HC judge Gautam Patel unpacks emerging legal questions in Copyright Law

Justice Gautam Patel discusses the evolving challenges AI poses to copyright and trademark laws, unpacks crucial questions on fair use, deepfakes, and AI-driven creativity at the 5th Professor Shamnad Basheer Memorial Lecture.

Former Bombay high court judge Justice Gautam Patel discussed the legal dilemmas posed by AI-generated works, fair use considerations, and the challenges posed by deepfakes at the 5th Professor Shamnad Basheer Memorial Lecture on Wednesday.

Delving into the evolving interplay between Artificial Intelligence (AI), trademarks, and copyright law, former Bombay high court judge Justice Gautam Patel discussed the legal dilemmas posed by AI-generated works, fair use considerations, and the challenges posed by deepfakes at the 5th Professor Shamnad Basheer Memorial Lecture on Wednesday.

Referring a case where the Delhi High Court issued summons to OpenAI in a copyright infringement lawsuit filed by the news agency ANI, Justice  Patel said the case raised crucial questions regarding the intersection of artificial intelligence and copyright law, particularly concerning the principles of fair use and open-source exemptions. “The question framed is: Is open source exempt from normal considerations of copyright law? For AI, does the fair use and fair dealing standard mean something different?” The case is scheduled for a hearing in January 2025.

On the role of pattern recognition in AI, Patel said it involves sophisticated computer algorithms designed to analyse and interpret data. “Data inputs can be words, texts, or files,” he said, emphasising that pattern recognition encompasses a broader scope than computer vision, which is primarily concerned with image recognition.

He further illustrated this concept by saying, “Patterns include various trends in the form of repeated data, e.g., a fingerprint, a handwritten cursive work, or a human face.” Patel said that the goal of pattern recognition is based on the premise that human decision-making is often tied to the recognition of patterns: “For instance, the next move in a chess game is based on the board’s current pattern.”

In discussing the implications of AI in creative processes, Patel said, “AI can be used to create derivative works based on copyrighted material—fair use, copyright infringement—what are the tests to determine either?” He noted that AI could be a powerful tool for detecting copyright infringement online and plagiarism, but cautioned against the potential for bias and the consequences of false positives and negatives for copyright owners.