India Establishes Panel to Review Copyright Law Amid AI Challenges
- ByAdmin --
- 09 May 2025 --
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In response to the rising complexities surrounding artificial intelligence (AI) and digital innovation, the Government of India has set up a high-level expert panel to review and recommend changes to the Copyright Act, 1957. The decision comes amid growing concerns that India’s existing copyright framework does not adequately address emerging challenges such as AI-generated content, machine learning training datasets, and automated content creation tools.
The panel, constituted by the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade - DPIIT), is tasked with examining the gaps in the current legislation and suggesting amendments to ensure that India’s copyright law remains robust, future-ready, and in alignment with international standards, including those laid down by the Berne Convention and the TRIPS Agreement.
Background and Need for Review
The Copyright Act, 1957 (as amended till 2012) primarily addresses the protection of original literary, artistic, musical, and dramatic works created by human authors. However, with the advent of AI systems capable of generating poems, music, artworks, and even computer code without direct human intervention, several legal questions have surfaced:
- Who owns the copyright in AI-generated works?
- Can AI itself be considered an author under the law?
- Are datasets used to train AI models protected by copyright?
- Does fair use cover the use of copyrighted material for AI training?
Global jurisdictions, including the United States, the United Kingdom, and the European Union, are grappling with similar questions. India’s proactive move to initiate a review process reflects a recognition of the urgent need to balance innovation incentives with protection of original creators' rights.
Scope and Mandate of the Panel
According to the notification issued by the DPIIT, the panel's terms of reference include:
- Examining the scope of "authorship" and "originality" in the context of AI-created works.
- Reviewing the copyrightability of AI outputs and possible rights for AI developers.
- Considering sui generis rights for databases used in AI training.
- Evaluating the limits of "fair use" and whether special exceptions are needed for AI training purposes.
- Proposing frameworks for licensing and compensation where copyrighted material is used in AI model development.
- Recommending alignment with global best practices and emerging models under WIPO (World Intellectual Property Organization) discussions.
The panel comprises legal scholars, technology experts, AI researchers, industry representatives, and government officials, ensuring a multi-disciplinary approach to the complex issues at hand.
Key Legal Issues Involved
- Authorship and Ownership:
Under Section 2(d) of the Copyright Act, 1957, an "author" must be a human being. The challenge lies in extending, modifying, or reinterpreting this provision to accommodate AI creations.
- Originality Standard:
Indian copyright law follows the "modicum of creativity" standard (Eastern Book Company v. D.B. Modak, 2008). Whether AI works meet this threshold is a matter of debate.
- Training Data and Copyright Infringement:
Using copyrighted materials as datasets for AI training without permission could raise issues under Section 51 (Infringement of copyright).
- Fair Dealing vs. Fair Use:
India’s Copyright Act allows "fair dealing" (Sections 52) for certain purposes, but whether training AI models falls under it remains unclear.
- Liability for Infringement:
If an AI tool outputs infringing content, who is liable — the developer, the user, or the AI itself?
Constitutional and International Aspects
The review will also need to consider:
- Article 300A of the Constitution of India:
Protects property rights, including intellectual property.
- International Obligations:
India is a party to the Berne Convention, WIPO Copyright Treaty, and TRIPS, which require adequate protection for authors' rights.
- Emerging Global Standards:
Discussions at WIPO Conversation on IP and Frontier Technologies will inform India’s approach.
Industry Response
The tech industry, particularly startups and AI developers, has welcomed the move but emphasized that overregulation could stifle innovation. Content creators and publishing industries, however, have raised concerns over unauthorized use of their works to "feed" AI systems without compensation or acknowledgment.
A balanced regulatory framework that encourages innovation while protecting rights holders is the demand from most stakeholders.
Future Implications
The panel's recommendations are expected to:
- Shape how India governs AI-generated content in the next decade.
- Influence policy on licensing, usage rights, and fair use doctrines for AI.
- Align India’s copyright law with international norms while protecting local interests.
- Provide greater certainty to developers, content creators, and users alike.
Given India's growing digital economy and aspirations to become an AI powerhouse, the review of copyright law is a crucial step towards building a resilient and progressive legal framework that fosters both innovation and rights protection.
Conclusion
The establishment of a high-level panel to review the Copyright Act, 1957 amid AI challenges marks a significant moment in India’s legal and technological landscape. As AI blurs the lines between human creativity and machine-generated output, a carefully calibrated legal response is essential to ensure that copyright law continues to serve its twin objectives — promoting creativity and safeguarding the rights of creators. The panel’s findings will not only influence India's domestic policy but could also position India as a thought leader in global conversations on intellectual property in the age of AI.
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