Can DABUS be a technological generator?
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Can DABUS be a technological generator?

September 2, 202643 views

Yes, the Registrar of Copyrights left open the possibility that DABUS could be officially identified as the technological system or generator through which the artwork was created, but under very strict legal conditions.

Here is how the Indian Copyright Office addressed this specific question:

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1. The Applicant's Alternative Request

During the proceedings, Dr. Stephen Thaler made an alternative request that he be entered as the statutory author while DABUS be officially identified as the generator of the artwork.

2. Why the Request Was Denied in This Case

The Registrar did not accept this request in the immediate application because:

  • It was made conditionally and was not accompanied by corrected particulars.

  • The Registrar could not amend the application on the applicant's behalf.

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  • Dr. Thaler declined to formally amend his filings, choosing instead to maintain his case exclusively on the premise of AI authorship.

  • 3. Left Open for Future Applications

    The order explicitly states that the door is not shut on this classification. It remains open for the applicant to file a separately formulated request or application under the Copyright Act and Rules to describe DABUS solely as the technological system or mechanism through which the work was generated.

    4. Important Legal Caveats

    The Registrar clarified that even if such an entry is sought and granted in the future, it carries heavy legal limitations:

    • No Rights or Status: A descriptive reference to DABUS as the technological generator cannot confer authorship, ownership, or any legal personality on the AI system.

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  • Cannot Cure the Existing Defect: It cannot be used to save or "cure" any application that continues to list DABUS as the actual author.

  • No Guaranteed Approval: The Registrar did not automatically approve this designation; the maintainability and merits of any future request to list DABUS as the generator are expressly left open for independent consideration under the law.

  • In short, while DABUS can legally be referenced as the technological tool or generator, doing so serves purely as a descriptive detail of the creation process and does not grant the AI any legal standing under Indian copyright law.