The Delhi High Court on Thursday directed the Copyright Office to decide within 8 weeks an application seeking copyright registration for an artwork generated by artificial intelligence (AI). [Stephen Thaler v. Union of India].The direction came in a plea filed by American AI researcher Stephen Thaler, who has sought recognition of copyright in an artistic work titled A Recent Entrance to Paradise, said to have been created autonomously by his AI system, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience)..Justice Tushar Rao Gedela disposed of the petition after noting that the Copyright Office has now scheduled a hearing in the matter for April 27, 2026. It directed the Registrar of Copyrights to conclude the proceedings expeditiously, preferably within 8 weeks from the date of hearing..The artwork in question, A Recent Entrance to Paradise, is described as a surreal, machine-generated image created without direct human authorship. Thaler has maintained that the work was generated autonomously by DABUS, an AI system designed to simulate creative processes and produce novel outputs..Thaler filed his copyright application in 2022. However, it has remained pending for nearly 4 years without a decision. He has sought directions to the authorities to process and decide the application in accordance with law.The case raises a broader legal issue - whether such AI-generated works can be recognised under the Copyright Act, 1957. While the law recognises “computer-generated works”, it does not explicitly contemplate authorship by non-human entities, leading to interpretive uncertainty..The case brings into focus a key legal issue - whether works generated by artificial intelligence systems can be recognised under India’s copyright framework, which traditionally attributes authorship to natural persons.During the course of examination, objections were raised on the ground that only a natural person can be recognised as an author. Thaler has argued that AI-generated works fall within the category of “computer-generated works”, where authorship may vest in the person who causes the work to be created..Thaler is a central figure in global efforts to test the boundaries of intellectual property law in the context of AI. He has filed multiple applications across jurisdictions seeking recognition of AI systems as inventors or authors. Courts and patent offices in the United States, United Kingdom and European Union have consistently declined such requests, holding that existing legal frameworks recognise only natural persons as inventors or authors.These cases have sparked widespread debate on whether intellectual property regimes need to be updated to address the growing role of generative AI in creative and inventive processes..The Delhi High Court case is among the first in India to directly raise the issue of copyright protection for AI-generated works.Its outcome could have significant implications for how Indian law treats authorship, ownership and registrability of AI-generated content, particularly as generative AI technologies become more prevalent across industries.The case may also influence ongoing policy discussions on adapting intellectual property laws to emerging technologies and could serve as a reference point for future disputes involving AI-generated works in India..Thaler was represented by Advocates Ankit Sahni, Kritika Sahni, Chirag Ahluwalia and Aman Sinha.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
