A Historical Critique of Doctrinal Mythology of Human Authorship and pattern of adopting technology in Intellectual Property Jurisprudence DJpro 87

Theme: Artificial Intelligence, Intellectual Property, and Emerging Legal Challenges

Author: Dhanunjaya S, IFIM Law School, Bangalore

Abstract

Artificial Intelligence (AI) is progressively transforming businesses across industries and holds significant potential to boost productivity and innovation. It is reshaping competition dynamics, business operations, and regulatory response. The AI market worldwide has increased from USD 93.24 billion in 2020 to USD 186.43 billion in 2024 while the market size of AI in India has grown from USD 3.20 billion in 2020 to USD 6.05 billion in 2024. The global AI market is projected to grow from USD 244.22 billion in 2025 to USD 1 trillion in 2031 and in India it is expected to expand from USD 7.84 billion in 2025 to USD 31.94 billion in 2031.¹²

The Indian government emphasizes that AI is a transformative force with the potential to contribute significantly to the economy and promoting social and education causes for the furtherment of research, outreach and general literacy. The government is committed to ensuring India’s readiness for AI through various initiatives that promote development of technology, infrastructure, AI literacy and skills across different population segments.³ However, the required growth is impossible to achieve with the outdated and ill-equipped judiciary and the legislation to a developing nation just as India. This paper aims to understand the roadblock of doctrinal principals rejecting the generative Ai art and literature rejections within Indian copyright jurisprudence.

Employing constitutional methodology within the framework established by landmark Supreme Court decisions in Eastern Book Company v. D.B. Modak,⁴ R.G. Anand v. Delux Films,⁵ and Amar Nath Sehgal v. Union of India,⁶ this study reveals how Indian copyright institutions have systematically accommodated technological mediation through judicial evolution, yet construct artificial barriers for AI-generated works. Contrary to existing literature, this research provides the missing historical genealogy that exposes "human authorship" as recent institutional construction rather than ancient constitutional principle, proposing graduated institutional frameworks specifically tailored to Indian constitutional imperatives under Articles 19(1)(a) and 21.⁷

This paper aims to first, exfoliate the Historical construction of doctrines, thus reveling their nature and requirements. Second, place AI copyright within broader constitutional frameworks, particularly examining how Article 19(1)(a) protections interact with technological accommodation principles. Third, proposes concrete institutional reforms grounded in established Indian precedential methodology, offering practical alternatives to restrictive orthodoxy.

Keywords: Artificial Intelligence, Authorship Doctrine, Technological Accommodation, Intellectual property jurisprudence