COPYRIGHT PROTECTION FOR COMPUTER-GENERATED WORKS IN THE LIGHT OF END-USER LICENSING AGREEMENT

INTRODUCTION -

Many copyright rules have been broadened to include computer-generated works. It is also mentioned what was meant by the expansion and what is protected. The sorts of computer-generated works have proliferated since the initial generation of copyright-protected computer-generated works. This article looks at some of the scenarios concerning new sorts of computer-generated works as well as current copyright lawsuits.

BACKGROUND INFORMATION ABOUT COPYRIGHT -

The lofty embrace of artistic/literary copyright has grown through time. Indeed, commercial copyright protection has grown. Software programs and software innovations are one component of the expansion. Direct human constructions of computer programs and the like fall under this category. However, this would not protect indirect computer-made or computer-generated works that are technically created by a machine rather than a person in the future. The copyright regime would have to be expanded further to safeguard such down-the-line computer-created creations. Given this issue, there are examples of additional express copyright extensions that would address the issue of machine-generated works being made but not protected. A variety of copyright laws have been broadened to include and recognize the presence of computer-generated works, as well as to protect them. For several years, there has been a push to preserve computer-generated works. It is now advantageous, if not more vital, to realize that the universe of computer-generated works has also expanded throughout time, albeit over a shorter period. The problem currently is that such expansions took place a long time ago.

PERSPECTIVE FROM INDIA ON THE PRESERVATION OF COMPUTER-GENERATED WORK -

Copyright was once only associated with creative works, but it is now a vital tool in the protection of computer software. The entire purpose of copyright law is to protect the creator's rights. The Copyright Act is expected to preserve the author's ethical and financial rights. The rationale for copyright, according to Miller (a famous legal scholar), is to encourage authors to create copyrightable works. It is intended to entice the creator to develop more unique content that is valuable to the public, as well as cash from these works.

SECURITY FOR COMPUTER PROGRAMS -

The origin of literary work protection is that the work must not be copied from another work and must be the writer's original work. The person who originates the work to be generated, as opposed to computer software, is known as a writer. Copyright can be preserved in computer software if enough effort is put into giving it a distinct personality. A computer program that does nothing more than generate multiplication tables, on the other hand, cannot claim copyright protection. It's because the level of capability required for such an implementation is too arbitrary. The steps involved in computer programs are as follows:

Creating preliminary conceptual material;
Creating source code (scripting the software in a certain programming language);
Creating object-code (translating a program from source code into a language that the device understands);
Creating user manuals.

AI (ARTIFICIAL INTELLIGENCE) AND MACHINE LEARNING -

The emergence of ML (machine learning) and AI (artificial intelligence) is one of the new areas of focus regarding copyright and computer-generated works (artificial intelligence). Machine learning and AI are being researched for use in areas such as the internet, robotics, cloud computing, medical, travel and accommodation, AI drones, social interactive facial recognition, and a variety of other activities. There are several areas, activities, and decisions where humans can be removed from the process, including the creation of legal judgments and legal guidance. Even though several issues have been raised, copyright is one of them. Both the object code and the source code of Artificial Intelligence applications are protected as literacy works under Section 2(o) of the Copyright Act of 1957.

COMPUTER-GENERATED PROGRAMS (CGP) AND COPYRIGHT -

One of the most well-known copyright protection laws in the world is found in India. The amendment of the Copyright Act of 1957 to make it compliant with the TRIPS rations was the most significant advance in the realm of copyright in 1999.

To publish copies of the effort to the public that have not been copied previously in rotation;
To replicate the effort in any considerable form, including storing it in any intermediate form by electronic means;
Make any sort of cinematographic film;
Make any kind of sound recording;
Make any kind of effort translation;
Make any kind of work adaptation;
Software license agreements and actions that do not constitute a breach.

The mutual law principle included in the Indian Contract Act governs software contracts, as it does many other forms of contracts. A sale, an assignment, or licenses are all examples of contracts. The Supreme Court declared in Tata Consultancy Services v. State of Andhra Pradesh that computer software is a type of intellectual property, it is a commodity capable of being conveyed, deposited, treated, and thus as a taxable "good," whether it is transported in diskettes, magnetic tapes, floppy or CD ROMs, whether it is reproduced or not, whether it approaches as part of a computer or independently, whether it is exclusive or unbranded, tangible or intangible; it is a commodity capable of being conveyed, deposited, treated, and thus as a taxable good deposited, treated, and so as a ‘good' legally responsible. ‘It would transform into goods on the condition that it has the qualities of goods in terms of (a) its ability; (b) its capacity to be purchased and sold; and (c) its ability to be transmitted, deposited, and affected,' the court stated. Software that meets these characteristics, whether modified or not, is deemed outstanding.

CONCLUSION -

While certain forms of computer-generated works will be protected (at least in some jurisdictions), the copyright regime will be expanded expressly and deliberately to protect these works. However, there is no guarantee that the earlier express safeguards will encompass every sort of computer-generated work.

As these technologies and applications become more commercialized, assessments of new forms of computer-generated works, whether assessed on a case-by-case basis or grouped by category to consider the applicability of copyright protection, will need to be examined in greater detail.

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