Training AI On Copyright Works: Is India Moving Towards a Compulsory Licensing Regime?

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Ananya Karan, Maharaja Agrasen Institute of Management Studies, GGSIPU

ABSTRACT

The rapid development of generative artificial intelligence (AI) has led to the worldwide debate of the legality of training AI models on copyrighted content. The US goes mostly by the principle of fair use, the European Union has a kind of opt out system, and India has taken a different path altogether. In a move that kind of surprised everyone, India backed a royalty - based compulsory blanket licensing system called One Nation, One Licence, One Payment Model (ONLP) by which AI developers must pay copyright owners every time they use their works for AI training purposes.

This piece delves into the regulatory landscape that India is trying to create around generative AI (GAI), looking at the legal basis, economic consequences, and policy aims of the government. Locating India's position relative to the other global frameworks and the court rulings as they are progressing, the article points out that compulsory licensing would theoretically give licensing rights and thus creators the upper hand and also clear up regulatory issues, but at the same time such a measure would be associated with higher innovation costs, the problem of administration, and the trouble of getting approval at the level of constitutional law.

Keywords: AI models, Copyright, Generative AI, Global Framework, Legality, AI Training.

107. TRAINING AI ON COPYRIGHT WORKS- IS INDIA MOVING TOWARDS A COMPULSORY LICENSING REGIME

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