Copyright is a legal right which provides protection to the original creations of human mind and intellect. Copyright protection in India protects creation, which is not mere idea, therefore, once the creation is an expression of the author and not merely an idea, then such work may be protected. Under section 14 of the Copyright Act 1957, "Copyright" is defined as the exclusive rights of owner to do or authorise the doing of any acts (such as reproduce work, publication of work, adaptation and translation etc.) in respect of a work. Further, section 17 of the Act states that the author of the work shall be the first owner of the copyright, however, if the work is created under a contract for consideration and upon instruction of employer, then in such a situation the owner of the work is the employer. Ltd.,1 held that in the context of question papers for an examination, that the author of the examination paper is a person who has compiled the questions; the person who does this compiling, is a natural person, a human being, and not an artificial person; Central Board of Secondary Education is not a natural person and it would be entitled to claim copyright in the examination papers only if it establishes and proves that it has engaged persons specifically for purposes of preparation of compilation, known as question papers, with a contract that copyright therein will vest in Central Board of Secondary Education.2
Since the mid-1960s, intellectual property (IP) law specialists have debated whether computers or computer programs can be "authors" whose outputs can be copyrighted.6 The U.S. Congress was so befuddled about this issue in the mid-1970s that it created a special Commission on New Technological Uses of Copyrighted Works (CONTU) to address this and a few other computer-related issues.4 A second burst of interest in AI authorship broke out in the mid-1980s. Congress once again commissioned a study, this time from its Office of Technology Assessment (OTA), to address this and other controversial computer-related issues. OTA did not offer an answer to the question, perhaps in part because at that time, it was a "toy problem" because no commercially significant outputs of AI or other software programs had yet been generated.5
"Man is still the most extraordinary computer of all" – so said John F. Kennedy in 1963. With recent developments in artificial intelligence (AI), some will question whether this statement still holds true. While computers have been used to assist with creative processes for some time, the creative input has largely been human. However, recent advances in machine learning software have changed all this. Using machine learning, computers now have the ability to'learn' without being explicitly programmed with any task-specific rules.
This is Part 1 of a two-part article. Part 2 covers tort liability and computers as expert witnesses. It will appear in the Summer 1988 issue of AI Magazine. Technological developments that remove ever-increasing numbers of cognitive tasks from human control will alter the assumptions on which current legal rules are based. These rules will have a growing impact on AI researchers and entrepreneurs as their work reaches a growing audience of beneficiaries. In order to accommodate the needs of practitioners and their recipients, courts and lawmakers will be forced to reevaluate principles whose foundations were developed well before the implications of advanced technology could have been predicted. This article attempts to identify areas of law in which the need for accommodation will be greatest and provide some insight into the process and the direction of change. All software programs, regardless of purpose or complexity, exhibit a common vulnerability: They are expensive to create ...