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VOL. 12, ISSUE 2 (2026)
The global governance of Artificial Intelligence and the bedrock requirement of Human Authorship in contemporary jurisprudence
Authors
Tanish Amulani
Abstract
The period between 2024 and 2026 represents a transformative era in the
legal history of artificial intelligence (AI), characterized by the transition
from aspirational soft law to binding statutory frameworks and definitive
judicial precedents. This study investigates the primary pillars of this
transformation: the judicial consolidation of human-centric intellectual
property doctrines in the United States, the constitutionalization of
algorithmic regulation via the European Union Artificial Intelligence Act, and
the emergence of India’s assertive "techno-legal" framework. Through
an exhaustive analysis of the March 2026 denial of certiorari by the United
States Supreme Court in Thaler v. Perlmutter, the study demonstrates that human
authorship remains an immutable requirement of copyright law, effectively
precluding fully autonomous machine-generated works from protection.
Simultaneously, the report evaluates the implementation of the EU AI Act and
India’s Information Technology Amendment Rules of 2026, which introduce
historic three-hour takedown windows for synthetic media. By synthesizing data
from the World Trade Organization 2025 report and the Council of Europe
Framework Convention on Artificial Intelligence, the analysis identifies a
widening governance deficit and a trend toward massive copyright settlements.
The findings suggest that while domestic legal systems are erecting barriers
against machine-authored content, the absence of a unified global treaty
necessitates a new paradigm of algorithmic interoperability to prevent a
fragmented regulatory mosaic that threatens international trade and fundamental
human rights.
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Pages:25-27
How to cite this article:
Tanish Amulani "The global governance of Artificial Intelligence and the bedrock requirement of Human Authorship in contemporary jurisprudence". International Journal of Law, Vol 12, Issue 2, 2026, Pages 25-27
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