Copyright infringement not intended

Picture Courtesy:   THE HINDU

Context:

Copyright law faces new challenges as generative AI (like OpenAI) uses copyrighted material to train its models.

What is the issue?

Copyright law, which protects creative works like books, music, and photos, faces a new challenge with generative AI (Artificial Intelligence that creates content like text, images, or music).

Traditionally, copyright law stopped people from copying protected works without permission. Now, AI platforms like OpenAI’s ChatGPT use copyrighted material to "train" their systems, not to copy it directly but to learn patterns and generate new content.  

Legal Battles

In India, the Federation of Indian Publishers and Asian News International (ANI) sued OpenAI in the Delhi High Court. They claim OpenAI used their copyrighted content (like news articles) to train ChatGPT without permission.

In the US, similar lawsuits (e.g., New York Times v/s OpenAI) argue that training AI on copyrighted material violates creators’ rights. OpenAI defends itself by saying this training falls under "fair use" in the US, a legal exception allowing limited use of copyrighted material for purposes like education or research.  

India v/s US Copyright law

In the US, "fair use" is flexible, allowing courts to decide based on factors like whether the use is transformative (adds new value) or harms the original work’s market.

In India, the Copyright Act of 1957 lists specific exceptions under Section 52, such as for personal use, research, or education, but these are narrow and often limited to classroom settings. This makes it harder for AI companies to claim exemptions in India compared to the US.

Way Forward

Experts suggest sticking to copyright’s core principle: it protects how ideas are expressed, not the ideas themselves. If AI only learn patterns and doesn't copy expressions, it may not violate the law. The law should balance protecting creators’ rights with allowing AI innovation, ensuring future creators (human or machine) can learn from existing works without unfair restrictions. 

Must Read Articles: 

BASICS OF ARTIFICIAL INTELLIGENCE

ARTIFICIAL GENERAL INTELLIGENCE 

COPYRIGHT OWNERSHIP IN INDIA

Source: 

THE HINDU