The Copyright Implications Of Generative AI Training: The Need For Legal Reforms In India
- IJLLR Journal
- Jun 8
- 1 min read
S. Rahamathunisa, The School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
ABSTRACT
Generative Artificial Intelligence has posed serious problems for copyright law with regard to the use of copyrighted resources for AI training.AI trained using the large datasets of book, articles, music ,sounds and other protected works without the consent of the copyright owners. This study examines whether such AI training is protected by fair dealing as per section 52 of the Copyright Act of 1957 or Copyright infringement. This paper insists AI training represents a large-scale extraction of the creative and financial value contained in copyrighted works rather than just a technological learning process. Generative AI systems industrially process and profitably use copyrighted expression to produce marketable outputs, in contrast to conventional human learning. This paper also examines that fair dealing is inadequate to regulate the AI training. The study underscores the need for statutory reform and finds a legal gap in the Copyright Act of 1957 regarding the use of AI datasets. The study proposes the implementation of AI-specific copyright laws, dataset disclosure requirements, and licensing mechanisms in order to achieve a balance between technological innovation and creative protection. It also conducted a comparison analysis with the US and EU concerning fair use and text and data mining. The study highlights a legal loophole in Indian copyright law pertaining to the usage of AI datasets and emphasizes the necessity of legislation reform.
Keywords: Generative Artificial Intelligence, Copyright, Fair dealing, Copyright infringement, AI Training, Fair use.
