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The AI Effect: Rethinking Governance And Risk In Corporate Law




Madhu Srikar Chintalapudi, BA LLB, BMS College of Law, Bengaluru


ABSTRACT


Artificial Intelligence (AI) has steadily advanced from experimental novelty to mainstream utility across industries as diverse as aviation, healthcare, finance, and cybersecurity. Corporate law has not remained untouched by this trend. Law firms and corporate legal departments increasingly employ AI-driven tools to streamline repetitive tasks, draft and review contracts, assist in compliance, and conduct due diligence. This integration promises significant efficiency gains, yet it also presents complex legal, ethical, and governance challenges.


This paper examines the intersection of corporate law and AI through two interrelated perspectives. First, it considers the practical adoption of AI by corporates in India, focusing on benefits and potential risks ranging from data privacy concerns to the fiduciary obligations of directors and managers. Second, it situates these issues within a comparative legal framework by analysing recent doctrinal developments in the United States particularly the Anthropic and Meta litigation which tested whether training language models on copyrighted material qualifies as “transformative use” under the doctrine of fair use. Although these U.S. judgments provide a permissive view of AI training, they underscore unresolved risks of copyright infringement, market substitution, and liability.


Drawing lessons from these cases, the paper argues that Indian corporate entities must approach AI adoption with caution. Unlike the United States, India’s copyright law recognises the narrower doctrine of “fair dealing.” Without explicit legislative exceptions for text and data mining, corporations face heightened risk when deploying AI models that rely on copyrighted inputs. The paper concludes with recommendations for corporate governance frameworks, contractual safeguards with AI vendors, and hybrid compliance strategies that balance innovation with accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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