Beyond The Scoreboard: Protecting Generic Vs. Sports AI-Generated Data Under Indian IP Law
- IJLLR Journal
- 34 minutes ago
- 1 min read
Neilotpla Palak & Akshat Pugalia, LL.B. (Hons.), National Law University Odisha
ABSTRACT
Artificial intelligence now plays a growing role in generating and processing sports data, from real-time analytics to predictive modelling and biomechanical tracking. Indian intellectual property law was framed around human authorship and remains ill-equipped to address content created or compiled by non-human agents. This article examines Indian copyright law as they apply to AI-generated data, using sports data as a lens to explore the tension between generic and sport-specific challenges. It begins by analysing the human authorship requirement under section 2(d) of the copyright act, 1957, and the modicum of creativity, standard established in Eastern Book Company V D.B. Modak, both of which limit copyright protection for ai- generated databases and outputs. The article then argues that sports data presents a distinct and more acute problem. It is built on uncopyrightable facts (publici juris), lacks any sui generis database right as exists in the European Union, and implicates athletes' personality and publicity rights when biomechanical or predictive models are trained on individual player data. In the absence of adequate statutory protection, the article demonstrates how broadcasting rights under Section 37 of the Copyright Act, contractual restrictions, and licensing arrangements rather than copyright itself have emerged as the principal tools for safeguarding commercial interests in sports data, as illustrated by Star India Pvt Ltd V Piyush Agarwal. The article concludes that until Indian law evolves to address AI-generated works and database rights specifically, and how contractual exclusivity will remain the most effective mechanism for protecting investment in sports-tech innovation.
