Copyright Infringement In AI Training: Protecting Creators In The Digital Era
G J Annie Beulet Mary, Assistant Professor, GTN Law College, Dindigul
ABSTRACT
The rapid development of generative artificial intelligence has transformed the creation, processing and dissemination of digital content, while simultaneously creating complex challenges for copyright law. Contemporary AI systems are trained using extensive datasets that may contain books, articles, photographs, artistic works, music, films, software and other copyright-protected materials. The collection, reproduction, processing and storage of such works during AI training raise fundamental questions concerning authorization, fair dealing, infringement, ownership, attribution and compensation of creators. In India, the Copyright Act, 1957 does not contain a specific provision governing the use of copyrighted works for training generative AI models, creating considerable uncertainty regarding the application of existing copyright principles to emerging technologies. This study examines the legal implications of using copyrighted works in AI training and evaluates whether the existing Indian copyright framework provides adequate protection to creators in the digital era. It analyses the exclusive rights of copyright owners, the scope of statutory exceptions, particularly fair dealing and potential liability of AI developers and technology companies. The study further examines emerging judicial and regulatory approaches in the United States and European Union to identify comparative solutions for India. It argues that technological innovation and copyright protection should not be treated as competing objectives. A balanced framework incorporating transparency in training datasets, appropriate licensing mechanisms, creator compensation, rights- reservation or opt-out mechanisms and accountability of AI developers is necessary. The legal reforms capable of protecting creative interests while supporting responsible development and deployment of artificial intelligence.
Keywords: Artificial Intelligence; Copyright Infringement; AI Training Data; Creator Protection; Generative AI.
