The recent lawsuit filed by The New York Times (NYT) against OpenAI and Microsoft for copyright infringement has raised questions about India’s legal framework’s adequacy in addressing AI-related disputes. Experts suggest that India’s current laws around Artificial Intelligence (AI) and copyright need to evolve to handle cases similar to NYT vs OpenAI.
Aviral Kapoor, a partner at Alagh & Kapoor Law Offices, highlights that Indian law lacks specific provisions to address AI-related copyright infringement complexities, unlike the US legal framework. There is a need for explicit recognition of AI as authors or creators within India’s copyright laws.
The lawsuit by NYT against OpenAI and Microsoft alleges the unauthorized use of “millions of articles” to train automated chatbots, leading to competition with news outlets as sources of reliable information. Nidhi Singh from IndiaLaw LLP explains that traditional copyright protection may not fully apply to generative AI, which synthesizes new content from existing databases.
Anupam Shukla, partner at Pioneer Legal, suggests that human developers of AI models may hold copyright if they select training data and parameters. However, copyright regimes worldwide struggle to address AI-generated content challenges.
The interpretation of the “Fair Use” doctrine also plays a crucial role in such cases. While India and the US have established their doctrines, India’s approach is more limited, with courts interpreting fair use based on precedents.
Subhash Bhutoria, founder of LAW SB, points out that storing articles for dataset creation may infringe Indian Copyright laws. Manisha Kapoor, CEO of the Advertising Standards Council of India, raises concerns about AI-generated content impacting advertising and data privacy.
Experts agree that India’s legal structure may need amendments or clarifications to address AI-related challenges effectively. Clarity in legislation would ensure adequate protection for creators, users, and AI developers.
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References: The New York Times, OpenAI, Microsoft, Alagh & Kapoor Law Offices, IndiaLaw LLP, Pioneer Legal, LAW SB, Advertising Standards Council of India
