DEEPFAKES AND INTELLECTUAL PROPERTY RIGHTS: OWNERSHIP, AUTHORSHIP, AND LEGAL AMBIGUITIES

AUTHOR – SHIVANI GUPTA, RESEARCH SCHOLAR AT IFTM UNIVERSITY, MORADABAD, U.P,

BEST CITATION – SHIVANI GUPTA, DEEPFAKES AND INTELLECTUAL PROPERTY RIGHTS: OWNERSHIP, AUTHORSHIP, AND LEGAL AMBIGUITIES, ILE INTELLECTUAL PROPERTY AND CORPORATE LAW REVIEW, 4 (1) OF 2025, PG. 46-56, APIS – 3920 – 0008 | ISSN – 2583–6153.

ABSTRACT

Deepfake technology, which leverages artificial intelligence to manipulate or fabricate video and audio content, poses significant legal and ethical questions. Among the most complex is the question of intellectual property rights (IPR): Who owns the fake? This paper delves into the evolving legal landscape in India surrounding deepfakes, analyzing them through the prism of copyright law, moral rights, personality rights, and image rights. It further identifies the statutory and regulatory gaps in the current Indian framework and evaluates how well existing intellectual property laws can respond to the challenges posed by such AI-generated content. Drawing upon Indian statutes, judicial precedents, and comparative international approaches, the paper proposes a framework that balances innovation with legal and ethical safeguards. As digital content creation and manipulation through artificial intelligence continues to expand, the paper underscores the urgent need for a comprehensive regulatory response within the Indian context.

Keywords: Deepfakes, Intellectual Property Rights (IPR), Copyright Law, Moral and Personality Rights, Artificial Intelligence and Law, Regulatory Framework in India.