Copyright laws face new challenge from AI

Source: The post Copyright laws face new challenge from AI has been created, based on the article “Copyright’s tryst with generative AI” published in “The Hindu” on 19 May 2025. Copyright laws face new challenge from AI.

UPSC Syllabus Topic: GS Paper3-Awareness in the fields of IT.

Context: The rapid rise of generative AI has triggered a renewed debate around copyright law. With AI platforms using copyrighted content for training without permission, courts are being asked to rethink how copyright should function in the age of machine learning.

For detailed information on On copyright infringement and AI read this article here

Evolution of Copyright Law and Technological Shifts

1. Historical Foundations of Copyright/ Copyright law began in 1710 to address the challenges posed by the printing press. It aimed to protect publishers, promote learning, and support their economic interests. Over time, it evolved with new technologies like photocopiers, audio recorders, and the internet.
2. Adapting to New Technologies: At each technological shift, copyright law adapted itself to protect original works from unauthorised reproduction. However, generative AI presents a different challenge—it uses content for training, not for direct copying.
3. Changing Legal Approach: The law is now shifting from dealing with copies of works to regulating the use of copyrighted material in AI training. This marks a fundamental change in how copyright protections are applied.

Legal Tensions Around AI Training

1. Litigations Across Jurisdictions: Open AI is facing copyright infringement claims in India and the U.S. These involve literature, music, and photos accessed through internet scraping for training its large language models.
2. Case in India: The Federation of Indian Publishers and ANI filed cases against Open AI in the Delhi High Court. They object to the use of their content without consent. Amicus curiae Dr. Arul George Scaria raised key questions—whether AI can “unlearn” trained content and how the court should address false source attribution and access to legitimate copyrighted material.
3. Differences in Legal Standards: India’s Copyright Act uses a fixed list of exceptions, unlike the U.S. ‘fair use’ test. Education-related exceptions in India are limited to classroom use. This strict framework gives right-holders a stronger legal position.

Broader Implications for AI and Innovation

1. Impact of Opt-Out Mechanism: Open AI’s opt-out mechanism applies only to future training, not past use. This could affect how future AI platforms are trained. If they cannot access quality materials, their development may be limited.
2. Unequal Playing Field: Smaller AI developers may not have the same access to rich training data as large firms. Courts must ensure fair competition between resource-rich and emerging AI platforms.

Reimagining Copyright for the AI Era

1. Balancing Creativity and Protection: Creativity—human or AI—relies on existing knowledge. Copyright should not prevent future creators from accessing the materials needed to innovate.
2. Distinguishing Human and Machine Learning: Ongoing litigation may lead to different legal treatment for human and machine creation. Yet, the current law treats both alike.
3. Core Principles as the Solution: Copyright protects the expression of an idea, not the idea itself. If AI uses information without copying expression, it is not infringement. The foundational principles remain strong enough to manage the new challenges.

Conclusion

Copyright must evolve without undermining creativity. Courts must strike a balance that supports both protection of rights and access to knowledge—crucial for human and AI-driven innovation.

Question for practice:

Examine how the rise of generative AI is challenging traditional copyright laws and what legal and policy responses are emerging to address these issues.