Why in News?
India’s Copyright Office has rejected an application seeking to recognise DABUS, an artificial intelligence (AI) system, as the author of an AI-generated artwork. In its order dated 31 August 2026, the Copyright Office held that the artwork itself can qualify as an original work for copyright protection. However, an AI system cannot be recognised as its legal author under the present law.
Background
- The case involved US computer scientist Dr. Stephen L. Thaler, who applied for copyright registration in May 2022 for an artwork titled “A Recent Entrance to Paradise.”
- Thaler named his AI system, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience), as the author and himself as the owner.
- The order was issued by Registrar of Copyrights Dr. Unnat P. Pandit.
Key Findings
- AI cannot be a legal author: The Copyright Office held that DABUS is neither a natural person nor a juristic person recognised by law. Therefore, it cannot be treated as an author under Section 2(d)(vi) of the Copyright Act, 1957.
- Human responsibility remains central: For a computer-generated work, the law refers to “the person who causes the work to be created.” The Registrar interpreted this as the person who conceived, configured and directed the creative process, rather than the software that produced the final output.
- Thaler was identified as the legal author: The Office found that Thaler was the person who caused the artwork to be created, rather than DABUS.
- The artwork was considered original: The work satisfied the originality requirement under Section 13, as there was no evidence that it copied an identified existing work and it showed a minimum level of independent creativity.
- Autonomous AI does not change authorship: Even if an AI system performs the actual generation autonomously, this does not automatically make the AI the legal author.
- Parliament must decide on AI personhood: The Registrar noted that giving AI systems legal personhood or authorship would require a policy decision by the legislature and cannot be created through administrative interpretation.
About DABUS
DABUS stands for Device for the Autonomous Bootstrapping of Unified Sentience. It is an AI system developed by Stephen Thaler and is designed to generate creative outputs through autonomous computational processes.
Global Context
- The same artwork was also involved in Thaler v. Perlmutter in the United States, where US courts reached a similar conclusion that copyright protection requires human authorship.
- The Indian position therefore adds to a growing international debate on how copyright law should deal with AI-generated works.
Significance
- Clearly separates AI-generated content from AI authorship.
- Confirms that, under the present Indian framework, copyright authorship remains linked to a legally recognised person.
- Has implications for media, publishing, music, films, gaming and advertising, where AI tools are increasingly being used.
- Highlights the need for clearer legal rules on ownership and authorship of AI-generated works.
- Leaves the larger question of whether AI should ever receive legal recognition as an author to Parliament.
