India begins reviewing the Copyright Act to address challenges created by generative AI, marking a major shift in digital policy and creator rights.
By Prashant for PuneriPages.in
The rapid rise of Generative Artificial Intelligence (AI) has pushed governments across the world to revisit their legal frameworks, particularly around intellectual property and copyright protection. In India, the Centre has officially acknowledged before the Lok Sabha that the Copyright Act, 1957, is currently under active review to address the evolving challenges introduced by AI-driven technologies. As the capabilities of generative models increase—producing text, images, music, software, and multimedia—the need for updated copyright laws has never been more urgent.
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India’s Copyright Law and the Need for Modernisation
We are witnessing a pivotal moment in India’s regulatory landscape. The Copyright Act, 1957, which forms the backbone of India’s intellectual property regime, was crafted in a world where AI did not exist. Even the subsequent amendments in 1994 and 2012 primarily focused on digital content protection, internet piracy, and rights management tools—not on autonomous machine-generated works.
Today, however, AI systems can create original content, remix existing works, and even imitate specific artistic styles with remarkable precision. This has raised fundamental questions around copyright ownership, original authorship, and liability when infringement occurs through machine-generated outputs. Recognising these gaps, the Centre has initiated the process to review the Act and align it with emerging technological realities.
Generative AI Challenges Triggering Legal Reassessment
Generative AI brings both opportunity and uncertainty. While it enhances productivity and accelerates creative processes, it simultaneously destabilizes traditional copyright frameworks. According to ongoing discussions in parliamentary committees and intellectual property boards, several key issues demand immediate attention:
1. Ambiguity of Authorship in AI-Created Works
Under current laws, copyright belongs to natural persons—humans. AI, however, can produce poems, articles, software code, songs, and even artwork with minimal human intervention. The pressing question arises:
Who owns the copyright of AI-generated content—the user, the developer, or no one at all?
2. Training Data and Copyrighted Material
AI models are trained on massive datasets that often include copyrighted books, movies, songs, news articles, and graphics. Determining whether such training constitutes “fair use” or infringement remains complex, and India’s laws currently offer no clarity.
3. Deepfakes and Misuse of Identity
Generative AI has accelerated the creation of deepfakes, which replicate voices and faces using copyrighted media. This raises concerns not only around privacy and consent but also about unauthorized commercial exploitation of a creator’s original work.
4. Mass Production of Content and Market Impact
AI-generated mass content production may dilute the market value of human creativity, impacting writers, musicians, journalists, designers, and freelancers. Legal interventions are needed to maintain balance and protect creative industries.
Centre’s Official Position in the Lok Sabha
In its response to the Lok Sabha, the Ministry of Commerce and Industry, which oversees the Department for Promotion of Industry and Internal Trade (DPIIT), confirmed that:
“The Copyright Act is being examined in light of emerging technologies such as Generative AI.”
The government highlighted global precedents and ongoing international discussions within the World Intellectual Property Organization (WIPO), noting that India must stay aligned with global best practices while protecting national interests.
Global Landscape: How Other Countries Are Responding
The international community is equally grappling with the complexities of AI and copyright:
- European Union: Introducing strict AI transparency, consent requirements, and copyright protection in the EU AI Act.
- United States: Courts have ruled repeatedly that “AI cannot be the author,” but debates about data training legality continue.
- United Kingdom: Proposes conditional copyright for AI-assisted works while examining training data regulations.
- Japan: Allows AI training on copyrighted material under certain fair-use exemptions.
India is studying these models as it shapes its own regulatory framework.
Balancing Innovation with Creative Rights
India aims to strike a balance between technological growth and creator protection. The government’s objective is to avoid stifling innovation while ensuring that human creators do not lose their rights in an AI-dominated ecosystem. Policy experts argue that revised laws must:
- Define authorship and ownership for AI-generated works
- Establish clear guidelines for training data usage
- Provide protections against unauthorized AI recreations
- Encourage transparency from AI companies
- Safeguard artists and journalists from revenue loss
Achieving this balance requires deep legal, technical, and ethical considerations.
Industry Reactions: Tech Sector vs Creative Community
The tech industry views AI as an accelerator of economic growth and digital innovation. Businesses advocate for flexible copyright rules that allow large-scale data training without legal friction. However, creators—including writers, musicians, filmmakers, and graphic designers—demand strong legal safeguards to prevent unauthorized use of their works by AI systems.
Both groups agree that India must adopt a nuanced approach that fosters AI development while protecting originality and cultural integrity.
Potential Amendments Under Consideration
While the Centre has not yet released the final draft of the revised Act, legal experts predict several probable amendments:
1. Definition of AI Authorship & Ownership
New sections may define how copyrights apply to AI-assisted vs AI-generated works.
2. Rules for Training Data Transparency
Companies may be required to disclose sources of training data and obtain permission when needed.
3. Fair-Use Clarifications for AI
Legal guidelines may specify when AI training qualifies as fair use.
4. Protection Against Deepfake Misuse
Strict penalties and copyright-based remedies could be added.
5. Licensing Framework for AI Companies
AI developers may need to acquire licenses for large-scale data usage.
Impact on India’s Digital Future
The review of the Copyright Act is more than a legal formality—it is a decisive step toward shaping India’s AI-driven future. A robust and updated copyright regime will not only encourage responsible AI innovation but also strengthen India’s position as a global leader in digital governance.
A future-ready copyright law can ensure:
- Ethical AI development
- Reduced infringement disputes
- Stronger creator protection
- Clear rights for businesses and startups
- Greater trust in AI-generated content
Conclusion: A Crucial Step Toward Responsible AI Governance
As India reviews the Copyright Act to address challenges posed by Generative AI, the conversation now moves beyond traditional copyright and into a realm where human creativity intersects with algorithmic intelligence. The Centre’s proactive approach signals a transformative moment for India’s digital landscape. The updated law will define how creativity, innovation, and technology coexist in the years to come, ensuring that India advances with clarity, fairness, and resilience.
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