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AI As An Author: Delhi HC’s Take On Authorship & Copyright




Arunima Kumar, Amity Law School, Noida


ABSTRACT


The rise of artificial intelligence has changed how content is created, shared, and consumed across various fields in the world. From art to journalism, AI is performing majority of tasks that were once strictly human domains. This advancement raises a critical legal question: whether AI-generated content enjoy copyright protection, and if so, who owns it? This debate came sharply into focus in ANI Media Pvt. Ltd. v. OpenAI Inc & Anr, a case reforming India’s approach to intellectual property in the AI era.


This paper seeks to examine the questions posed by the case, the first being whether storage of the news agency’s protected data for training of AI systems amount to copyright infringement; and the second relating to the use of such data by the AI systems to generate response for users amount to copyright infringement. Further, the paper analyses the applicability of “fair use” doctrine, while also examining the territorial jurisdiction of courts in India to entertain this matter by emphasising upon the effects doctrine.


Keywords: artificial intelligence, OpenAI, fair use doctrine, copyright law, ChatGPT, AI training



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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