BRICS Declaration Repeats AI Training and Copyright Stance

The BRICS New Delhi Declaration has maintained its previous stance on intellectual property rights concerning artificial intelligence training data, using identical wording to the 2025 Rio de Janeiro Declaration. This repetition occurred despite significant developments within India over the past year concerning AI and copyright law.

The declaration commits member states to "promoting respect for the intellectual property rights used in the digital environment, including for artificial intelligence training purposes, as well as fair remuneration to right holders." This statement remains unchanged, even as India has seen court cases and policy discussions surrounding AI training data, such as the Delhi High Court's refusal of an injunction against OpenAI using news agency material.

While the core statement on copyright and AI training data has not evolved, the New Delhi Declaration includes new elements. It adds cooperation among BRICS intellectual property offices on AI applications and acknowledges risks related to the "misappropriation and misrepresentation of knowledge, heritage, and cultural values that are insufficiently represented in data sets and AI models." This marks the first mention of potential risks to creative works from AI in this context, though it lacks specific obligations or mechanisms for redress.

A notable shift in the declaration is the commitment to "implement" the BRICS Leaders' Statement on the Global Governance of Artificial Intelligence, a stronger verb than the previous "agreed on." This suggests a move towards domestic implementation, placing the responsibility on individual member states. Overall, AI is mentioned in 11 paragraphs across various sectors including health, energy, and finance, but the declaration lacks concrete definitions, timelines, or reporting requirements.