Redefining The Complexities Between Copyright And Competition Law - A Socio-Legal Analysis In The Age Of Digital Markets
- IJLLR Journal
- May 17
- 2 min read
Ms. Priyanka Gehlot, Assistant Professor, Jagannath University, Jaipur
Meenal Goyal, LL.M., Jagannath University, Jaipur
ABSTRACT
This paper explores the evolving intersection of Copyright Law and Competition (Antitrust) Law, tracing their transition from a mid-20th- century Theory of Conflict to a modern Theory of Convergence. Historically viewed as antagonistic, these legal regimes were once defined by a zero-sum struggle between the individual creator’s legal monopoly and the collective consumer’s right to a free market. However, modern legal theory now recognizes them as complementary forces: copyright provides the essential incentive for innovation by granting temporary exclusivity, while competition law ensures the widespread diffusion of that innovation by dismantling structural barriers. The analysis focuses on the unique challenges posed by the Fourth Industrial Revolution, specifically the role of big data and generative AI. In the current landscape, the concentration of data has allowed dominant firms to leverage copyrighted content to train algorithms that eventually compete with original creators. This presents a critical regulatory dilemma where strict enforcement may lead to data bottlenecks, while total deregulation could stifle creative incentives.
By conducting a comparative analysis of three major jurisdictions, the study examines distinct regulatory philosophies: the United States’ flexible, court- centric model utilizing Fair Use and the Rule of Reason; the European Union’s proactive stance through the Digital Markets Act (DMA); and India’s balanced framework via Section 3(5) of the Competition Act. The paper further investigates core complexities, including the Essential Facilities Doctrine and the lock-in effects of Digital Rights Management (DRM). It concludes by recommending FRAND licensing for AI training data to ensure intellectual property remains a catalyst for progress.
Keywords: Interoperability, Market Dominance, Generative AI, Fair Use, Gatekeeper Regulation.
