Generative AI Vs Copyright
- IJLLR Journal
- Oct 7
- 2 min read
Mrs. Garima Juneja, Assistant Professor, Gitarattan International Business School, IPU
Ms. Mendu Sri Soumya, Gitarattan International Business School, IPU
ABSTRACT
Generative Artificial Intelligence (AI) is swiftly reshaping various sectors through its capacity to enhance human cognition and streamline research and data analysis processes. Despite its transformative potential, the deployment of such technology gives rise to intricate legal challenges most notably, the incorporation of copyrighted and proprietary content in the training of large language models (LLMs). A key issue concerns the extent to which the unlicensed use of this data may be legitimized under the doctrines of fair use (as recognized in the United States) or fair dealing (as applied in India), particularly in light of the current legislative vacuum and the absence of definitive judicial guidance on the matter.
This research examines the evolving jurisprudence on fair use in the context of AI training, with a focus on two recent U.S. cases: Andrea Bartz v Anthropic & Richard Kadrey v. Meta. While both decisions recognized the "highly transformative" nature of AI training, they diverged on the requirement of a “lawfully acquired first copy,” a critical factor with direct implications for Indian copyright law. In India, the ongoing case of ANI v OpenAI has brought this debate to the forefront. ANI alleges unauthorized use of its news content for training OpenAI’s models, while OpenAI contends its use qualifies as transformative and falls within the scope of fair dealing under Section 52 of the Indian Copyright Act, 1957.
The paper critically analyses how Indian courts might interpret the fair dealing provision in the context of AI training, considering the limited scope of Section 52 and the absence of a transformative use standard. It also explores how real-world instances such as the Ghiblistyle image generation trend, demonstrate that generative AI can replicate the creative essence of original works without directly copying them, thereby constituting a form of copyright infringement.
Through comparative legal analysis, this paper argues for the urgent need to develop a nuanced, jurisdiction-specific legal framework that addresses the intersection of intellectual property and artificial intelligence. It concludes that courts must balance the transformative potential of AI with the rights of original creators, ensuring that innovation does not override the foundational principles of copyright law.
