Exclusive: Indian Copyright Office issues withdrawal notice to AI co-author

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Exclusive: Indian Copyright Office issues withdrawal notice to AI co-author

Ankit Sahni

The withdrawal notice asked Ankit Sahni to inform the Copyright Office about the legal status of the AI tool Raghav Artificial Intelligence Painting App

The Indian Copyright Office has issued a notice of withdrawal to Ankit Sahni, the man who secured India's first-ever copyright registration recognising an artificial intelligence tool as the co-author of an artwork, it was revealed to Managing IP today.

The withdrawal notice, sent on November 25, asked Sahni to inform the Copyright Office about the legal status of the AI tool Raghav Artificial Intelligence Painting App, and invited his attention to Section 2(d)(iii) and Section 2(d)(vi) of the Copyright Act.

Section 2(d)(iii) sets out that the term ‘author’ in relation to an artistic work means an artist, and Section 2(d)(vi) states that the person who causes an artistic work to be created shall be its author.

Sahni responded to the notice on December 8 by stating that the Copyright Act did not contain any express provision for the registrar of copyright to review his own decision, unlike Section 127 of the Trade Marks Act and Section 77 of the Patents Act.

On top of that, there was no provision under the act that allowed the registrar to withdraw a copyright registration after its grant, Sahni argued.

“This is probably why the notice, notably, does not place reliance on any provision of the act,” Sahni told Managing IP.

Related stories

The artwork co-author said he also believed the registrar couldn’t withdraw the entire registration as the Copyright Act provided for the protection of computer-generated works.

As far as AI-authorship was concerned, he pointed out, the Copyright Act and the Copyright Rules didn’t define the term ‘person’ under Section 2(d)(vi), and the General Clauses Act defined the term in an inclusive manner to cover artificial and juristic persons.

The registrar’s only option now is to file a rectification petition before a high court under Section 50 of the Copyright Act, said Sahni.

He added: “But the Copyright Office is unlikely to approach the high court as prescribed under law.”

“If it does, that by itself, would be a first in more ways than one. I also do not expect the registrar to pass a speaking or reasoned order addressing the legal issues raised in our 17-page response.”

Sahni and his team will explore legal options once they receive a conclusive decision from the registrar.

He told Managing IP: “Our goal remains to keep the AI-authorship debate alive until the decision-makers reach a tangible policy or legislative change.”

 

more from across site and SHARED ros bottom lb

More from across our site

Tim Gilman, who joined Kasowitz alongside three other partners, says he is excited to be part of the firm’s ‘elite’ litigation team
A backlash against a White House video promoting deportation and Casalonga opening a new office in Düsseldorf were also among the top talking points
The firm has brought on board two counsel and an associate to complement two previously revealed partner hires
Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Powell Gilbert lawyers reveal how they navigated parallel EPO proceedings and collaborated with European peers to come out on top in the Nordic-Baltic Division’s first judgment
The firms posted increases in revenue and profit per equity partner, with both giving a nod to their IP expertise
EasyGroup, the owner of the easyJet airline, said in a press release that UK-based first-instance judges are “less experienced”, bringing a long-running debate back to the fore
Gift this article