Technological Advancements Challenge India's Copyright Law
India's copyright legislation faces new challenges with emerging technologies like generative AI. A five-year assessment of the country's IP ecosystem highlights strains on the system.
Emerging technologies, particularly generative AI, are prompting India to reassess its copyright laws. According to the report "State of Intellectual Property in India," the training of AI models on vast datasets raises complex questions regarding access, reproduction, licensing, and remuneration.
Copyright law has historically adapted to technological shifts, such as the transition from physical media to music streaming. Generative AI presents a broader challenge, as the distinction between using a work and incorporating it into a machine-learning training dataset is more difficult to define.
The report examines India's IP ecosystem over a five-year period. While copyright applications have surged by over 80 percent and revenues have increased, the system faces significant backlogs. Over 17,000 applications from 2024-25 remain pending, reflecting challenges in enforcement and licensing.
Complex issues have already been addressed in court. In the music industry, different rights can be held by multiple entities, complicating the use of digital services. Most recently, the Delhi High Court heard a case where ANI Media Pvt. Ltd. sued OpenAI over the use of its material in AI training, but declined to grant an interim injunction.
The legal and judicial systems must keep pace with technological advancements to ensure copyright adequately protects the creative economy's interests in evolving digital landscapes, especially in the era of generative AI.