Source: The post “India’s moment to restoring balance to copyright” has been created, based on “India’s moment to restoring balance to copyright” published in “The Hindu” on 19th February 2026.
UPSC Syllabus: GS Paper-3- Science and technology
Context: Copyright law was originally designed to balance incentives for creators with access to knowledge for society. Over time, copyright protection has expanded excessively and has begun to obstruct accessibility, creativity, and AI innovation. India’s present framework under the Copyright Act, 1957 requires reforms to meet the needs of the digital and AI age.
Background & Historical Context
- Modern copyright law began with the Statute of Anne, which provided authors a limited monopoly of 14 years.
- Earlier copyright laws required registration and deposit of copies for public libraries, which ensured public benefit.
- Today, copyright protection is automatic, lasts for the life of the author plus 70 years, and applies even to trivial works like social media posts.
- This expansion has reduced the size of the public domain and restricted knowledge access.
Key Issues with Rigid Copyright Laws
- Accessibility Barriers
- Rigid copyright laws can deny access to knowledge for persons with disabilities.
- Visually impaired persons were earlier unable to legally obtain accessible books across borders.
- The Marrakesh Treaty was created after global advocacy to allow accessible-format sharing.
- This shows that copyright law sometimes restricts even basic rights like the right to read.
- Hindrance to AI Development
- Artificial Intelligence systems require large datasets, including copyrighted material, for training.
- India’s current law does not clearly permit text-and-data mining for AI training.
- Countries like Japan, Singapore, and the European Union have introduced exceptions for such uses.
- Legal uncertainty discourages AI startups, research institutions, and innovation.
- Blocking Technological Progress
- Web search engines must copy webpages temporarily to index and provide results.
- Strict copyright rules make such essential technological processes legally risky.
- Copyright laws have also been used to block assistive technologies like text-to-speech features.
- Such barriers slow digital innovation and reduce public welfare.
- Over-Expansion of Copyright
- Copyright protection now lasts for very long periods, which delays works entering the public domain.
- Automatic copyright applies even to non-commercial or low-value works.
- Copyright law is increasingly used to protect existing jobs rather than promote creativity.
- This contradicts the original purpose of copyright.
Implications for India
- India’s AI sector may lag behind global competitors due to legal uncertainty.
- Students, researchers, and disabled persons may face barriers to accessing knowledge.
- Artists and creators may struggle because creativity depends on learning from previous works.
- India’s digital economy and innovation ecosystem may weaken.
Way Forward
- Introduce Flexible Fair Use
- India should adopt a broad and flexible fair-use clause similar to the United States and Singapore.
- Such flexibility will allow law to adapt to new technologies.
- Create Text & Data Mining Exceptions
- India should explicitly allow AI training on copyrighted material for non-consumptive purposes.
- Machine analysis should be treated differently from human reading or viewing.
- Strengthen Accessibility Rights
- India should fully implement accessible-format exceptions and support disability-friendly publishing.
- This will ensure equal access to education.
- Promote Knowledge Commons
- The government should fund open-source datasets and AI models for public use.
- Safe harbour provisions should protect such datasets from copyright claims.
- Revisit Copyright Duration
- India should reconsider extremely long copyright terms.
- Shorter protection will expand the public domain and encourage innovation.
- Support Creators through Other Means
- Governments can provide grants, fellowships, and cooperative models for artists.
- Taxes on large AI companies can fund cultural development programs.
Conclusion: Copyright law must restore its balance between protecting creators and serving the public good. Reforming the Copyright Act, 1957 will improve accessibility, promote AI innovation, and strengthen India’s knowledge economy. India has an opportunity to lead globally by modernizing copyright for the 21st century.
Question: Rigid copyright regimes can undermine access to knowledge, creativity, and technological innovation. Discuss in the context of Artificial Intelligence and India’s copyright framework. Suggest reforms.
Source: The Hindu
