Creativity from Code: Trapping IP in the Past

Intellectual property, the name itself suggests the creation of human being, out of his intellectual capacity. Intellectual Property Rights is a legal protection given to the author for his/her innovation and entitles them to possess absolute right over their novel work and exploit it as they wish. It is infringed, when an alien uses the creation without prior approval or knowledge of the author. Moreover, the enragement deepens when there are no defined laws governing this violation. It not only infringes their rights, but to some extent, it discourages the person to further make innovations. Hence, in this view, Indian Legislature have constituted numerous special Acts, Tribunals and Courts that have the power to adjudicate any dispute that may arise in this regard. Although, the question, who is to be held accountable for the outputs/ results provided by such AI that uses the protected information without lawful authority, sustains. The plaintiff is unaware against whom he can exercise his rights, the prompter or the owner of the AI? In case of violation who is to be held responsible, since the result is automated and there is no explicit demarcation from where the responsibility of the owner or the prompter begins. This creates a lacunae and huge gap for the judiciary to fill.