Generative AI, The Insatiable Learner

Aditya B Dinesh, School of Law, Christ University

ABSTRACT

Beyond a creative recreational tool, generative artificial intelligence (AI) poses an existential threat to human authorship. Generative AI tools such as ChatGPT are tools which produce Creative expressions on text prompts and the results are indistinguishable from human-authored works. This has given rise to deliberations on copyrightability, etc of such data. However, whether the use of copyrighted material to train generative AI, should be considered as a copyright infringement or a fair dealing as per the Indian Copyright act is a less deliberated topic. Therefore this Paper argues that the act of using copyrighted data to train generative AI does not infringe copyrights and falls under the ambit of Fair dealing. The paper is divided into three sections. The paper presents an idea-expression and fact-expression dichotomy argument, which are cornerstones of copyright jurisprudence.

Keywords: Generative AI, Training Data, Copyright, Infringing Copy, Fair Dealing