GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT PROTECTION IN PAKISTAN: A CRITICAL ANALYSIS OF AUTHORSHIP, OWNERSHIP AND INFRINGEMENT

Abstract

Conventional copyright systems are now facing major difficulties in interpreting the new challenges arising from the rapid development of generative artificial intelligence (GenAI) in terms of authorship, ownership and infringement. This research critically analyzes the effectiveness of the current copyright regime of Pakistan, mainly the Copyright Ordinance, 1962 in the light of the emerging legal issues related to AI-assisted and AI-generated works. Following a qualitative doctrinal legal research approach, the study examines the pertinent provisions of the Pakistani copyright laws, the developments of copyright policies in Pakistan, the scholarly literature and selected international copyright policies including those of UK and USA. The results have shown that, although Pakistan's copyright law offers a basis for solving problems with AI, there is a lack of specific provisions regarding AI-generated products, human creativity, liability of the users, developers and platforms. The study also concludes that there should be a significant role for meaningful human creative contribution in copyright protection, and that use of an AI system and ownership of the underlying AI technology are not the same thing. There is a need to address copyright infringement issues as a separate matter at the training stage and the output stage, especially issues of reproduction of protected expression without permission. The study suggests that targeted legislation is needed and should center on human authorship and ownership, training-data transparency, licensing and differentiated liability. It concludes that an adaptive Copyright framework is needed in Pakistan which balances protection of the rights of creators with the promotion of responsible technological innovation.