Intermediary Liability, Algorithmic Responsibility, And AI-Generated Piracy: Reimagining Digital Copyright Enforcement In India
- IJLLR Journal
- 11 hours ago
- 1 min read
Deepali Khare, Research Scholar, Institute of Law, Rabindranath Tagore University, Bhopal
Megha Ghughuskar, Assistant Professor, Institute of Law, Rabindranath Tagore University, Bhopal
ABSTRACT
India is experiencing an unprecedented expansion of digital piracy driven simultaneously by human behavior, automated algorithms, and emerging AI systems. Copyright infringement is no longer restricted to torrents, OTT ripping, or EdTech redistribution; it now operates through algorithmic amplification, recommendation engines, cloud synchronization tools, and generative AI models capable of reproducing copyrighted content in derivative or reconstructed forms. Existing intermediary liability principles under Section 79 of the Information Technology Act, 2000, and jurisprudence shaped by Shreya Singhal v. Union of India are inadequate to regulate this technologically complex ecosystem.
This paper presents a unified analytical framework that integrates intermediary liability reform, algorithmic responsibility, and AI-generated piracy governance. It examines how search engines, social media platforms, recommendation systems, and AI models materially contribute to the visibility and propagation of infringing content. Through comparative analysis of the EU Digital Services Act, U.S. DMCA jurisprudence, Singapore’s rapid takedown framework, and South Korea’s real-time anti- piracy systems, the paper proposes an enforcement model tailored to India’s digital landscape.
The study argues that India must adopt a three-layered approach platform accountability, automated detection through AI governance, and statutory modernization to effectively combat next-generation piracy across OTT platforms, EdTech ecosystems, sports broadcasting, and AI-enabled content reproduction. Without such reform, India risks systemic erosion of creative industries, educational integrity, and public trust in digital markets.
Keywords: Intermediary Liability; Algorithmic Responsibility; AI Piracy; Generative AI; OTT Piracy; EdTech Infringement; Dynamic Injunctions; Platform Governance; Safe Harbor; India.
