Generative AI And The Loopholes In Fair Use: A Legal Analysis
- IJLLR Journal
- 1 hour ago
- 2 min read
Saloni Kumari, Campus Law Centre, University of Delhi
ABSTRACT
The rapid integration of generative AI into creative industries has exposed significant legislative gaps in India's copyright framework, which was not designed to address non-human creative agents or AI-driven data use. The Copyright Act, 1957 contains no explicit provisions governing AI-generated works or the use of copyrighted content as training data, leaving courts and stakeholders without clear guidance. Lastly, the essay will propose a set of possible solutions that aim to protect the rights and livelihoods of human artists while still encouraging the responsible and ethical development of AI tools in creative industries.
Hayao Miyazaki founded Studio Ghibli to create meaningful, handcrafted films. In these movies, he explored complex human emotions and themes like nature, pacifism, and childhood innocence. With his captivating storytelling, visual aesthetic, and animation style, he intrigued everyone.
But last year, a trend took over social media, with people using AI tools like ChatGPT to instantly generate images in the cherished Ghibli style. This sparked discontent among viewers who understood the art and had developed a deep connection with the films; and instigated a much-needed discussion about copyright infringement by Generative AI.
While the rapid advancement of AI has democratized creativity, making it accessible to people worldwide, it has also raised complex issues that are difficult to navigate and regulate. On one hand, this accessibility has led to innovative expressions and broader participation in creative fields. On the other hand, this accessibility has sparked legitimate concerns among artists, creators, and audiences who feel that the essence of human-made art is being diluted or even replaced. This development has challenged our understanding of the copyright laws that protect the work of artists and their livelihoods as AI threatens to replace them.
As AI continues to evolve and become increasingly capable of mimicking human creativity, it puts pressure on existing copyright frameworks that were not designed to deal with non- human creators. This disruption has exposed the inadequacies of current copyright laws, particularly in their ability to define ownership, consent, and infringement in the context of AI-generated works.
