DefinePK

Research Objective

To evaluate the legal gaps in Pakistan's existing copyright framework concerning artificial intelligence (AI) and copyright infringement, and to assess the adequacy of current laws in protecting creative works generated or exploited by AI technologies.

Methodology

Doctrinal legal research methodology, involving the compilation and analysis of statutes (Pakistan's Copyright Ordinance, 1962), relevant judicial precedents, and international instruments (Berne Convention, TRIPS Agreement). The study also involved a comparative analysis of copyright laws in the United States, the European Union, and China.

Methodology Flowchart

                        graph TD;
    A["Identify Research Problem: Legal Gaps in Pakistan's AI Copyright Law"] --> B["Conduct Doctrinal Legal Research"];
    B --> C["Analyze Pakistan's Copyright Ordinance, 1962"];
    B --> D["Analyze Relevant Case Law"];
    B --> E["Research International Instruments"];
    B --> F["Conduct Comparative Analysis"US, EU, China""];
    C & D & E & F --> G["Identify Specific Legal Gaps"];
    G --> H["Formulate Findings and Discussion"];
    H --> I["Develop Recommendations"];
    I --> J["Draw Conclusions"];                    

Discussion

The study argues that Pakistan's Copyright Ordinance, 1962, predates modern AI technologies and fails to address the complexities of AI-generated content. Traditional copyright principles of originality and authorship, which presuppose human creativity, are challenged by AI's autonomous creation capabilities. International approaches, while varied, highlight the need for legislative reform to accommodate AI in copyright law.

Key Findings

Significant legal gaps exist in Pakistan's copyright regime regarding AI. These include the absence of provisions for the ownership of AI-generated works, unclear liability for infringement involving AI systems, and inadequate mechanisms to safeguard copyright holders against unauthorized AI use.

Conclusion

Immediate legislative reforms are necessary in Pakistan to align its copyright laws with the advancements in AI technology. This includes introducing specific provisions for AI-generated content, defining ownership and authorship, and establishing robust enforcement mechanisms to protect intellectual property rights in the digital age.

Fact Check

1. Pakistan's primary copyright law is the Copyright Ordinance, 1962. (Confirmed by text)
2. The United States has maintained a requirement of human authorship for copyright protection, as seen in the case Thaler v. Perlmutter (2023). (Confirmed by text)
3. China has shown a more flexible approach, with courts considering AI-created works for copyright protection on an individual basis. (Confirmed by text)

Mind Map