The Government of India has initiated a formal review of the country’s copyright laws in light of increasing concerns surrounding the use of artificial intelligence (AI) in content generation and the implications for copyright protection. A new expert panel has been formed under the aegis of the Ministry of Commerce, as confirmed by an internal government memorandum, to assess whether the Copyright Act of 1957 remains effective in addressing the legal complexities brought about by AI technologies.
The decision follows escalating legal challenges in both Indian and international jurisdictions, particularly targeting OpenAI, the developer of the widely known ChatGPT chatbot. OpenAI has faced criticism from a coalition of Indian media organizations and book publishers who allege that their copyrighted content is being exploited without consent to train AI models.
A pending lawsuit in the Delhi High Court, brought by entities including NDTV, Indian Express, Hindustan Times, and the Digital News Publishers Association (DNPA), is drawing national attention for potentially setting a precedent on how India navigates the intersection of AI and intellectual property law.
A Panel of Legal and Industry Experts
According to the government memo, the panel—comprising eight experts—includes intellectual property (IP) attorneys, senior government officials, and representatives from key industries. The group has been directed to “identify and analyze the legal and policy issues arising from the use of artificial intelligence in the context of copyright” and determine the suitability of India’s current legal framework in dealing with these emerging challenges.
The panel is expected to provide recommendations that could lead to policy shifts or legislative amendments, depending on its findings. It will also look at international best practices and the evolving global landscape around copyright and AI technologies.
The Commerce Ministry and the Ministry of Electronics and Information Technology (MeitY) have not issued public statements or responded to media inquiries regarding the scope or timeline of the panel’s work.
A Crossroads for Indian Copyright Law
The legal battle between Indian publishers and OpenAI is emblematic of a broader global conflict. Across the world, courts are currently examining whether tech companies have overstepped by using copyrighted books, journalistic work, music, and other creative materials without authorization or remuneration to train AI systems.
OpenAI has consistently defended its methods, asserting that it trains models using publicly available data and offers website operators a mechanism to opt-out if they do not wish to have their content scraped. The firm maintains that its practices do not breach India’s copyright laws as they currently stand.
Still, media companies argue that AI’s reliance on copyrighted data fundamentally undermines the economic value of original content. They claim that platforms like ChatGPT benefit commercially from access to material that required substantial investments in journalistic and creative labor, without offering compensation to rights holders.
Rising Pressure from Publishers and Authors
The lawsuit in New Delhi could catalyze a larger regulatory overhaul, depending on the verdict and public response. The case follows a wave of legal actions abroad, including lawsuits in the United States and Europe filed by authors, musicians, news agencies, and photographers against AI companies such as OpenAI, Meta, and Google.
Legal scholars and IP professionals in India are now engaged in a broader debate over how the law should define “fair use” in the age of AI. While Section 52 of the Copyright Act provides for exceptions in certain educational and non-commercial uses, the application of these provisions to large-scale AI training datasets remains murky.
Some experts argue that the current law, drafted decades ago, is outdated for the challenges posed by AI. Others believe that with proper regulatory guidance, existing laws can be adapted to fit contemporary needs without a complete legislative overhaul.
Potential Impacts on the Tech and Media Ecosystems
If the expert panel recommends changes to copyright law or introduces new policy frameworks, it could reshape how technology companies operate in India. This would affect not only large international firms like OpenAI and Google, but also domestic AI startups, content aggregators, and digital publishers.
Media houses have underscored the need for transparency and compensation. They argue that as AI systems become more capable of mimicking human writing and summarizing articles, the lines between original content and machine-generated summaries become increasingly blurred.
This has direct implications for advertising revenues, subscription models, and editorial control. News organizations fear that without regulatory safeguards, their ability to monetize and protect original content could be seriously compromised.
Globally, the regulation of AI in relation to copyright has become a key issue for policymakers. The European Union has proposed the AI Act, which includes guidelines for transparency in training datasets. In the United States, ongoing legal disputes are challenging the boundaries of the fair use doctrine under the Copyright Act of 1976.
India’s decision to evaluate its legal framework signals an acknowledgment that it cannot afford to be reactive. As a country with a growing AI ecosystem and a thriving content industry, India needs a balanced approach that encourages technological innovation while protecting the rights of content creators.
Legal Ambiguities and Corporate Responses
OpenAI’s strategy of relying on publicly accessible data is common among AI developers. However, critics argue that even data in the public domain is not necessarily free of copyright. For example, news websites may allow users to read articles but still retain full copyright protection over their text.
Furthermore, questions arise about whether machine learning constitutes a form of reproduction or derivative work, both of which are protected under copyright law. This gray area is yet to be tested in India’s courts, but the outcome of the current litigation could offer some clarity.
AI companies are also responding with more opt-out tools, partnerships, and licensing agreements in other countries to avert legal risks. Whether similar models will emerge in India remains to be seen.
The formation of the expert panel highlights the government’s intention to take a proactive stance. It is a significant step in opening dialogue between technology developers, rights holders, and policy makers. The panel’s work will be crucial in guiding India’s approach to balancing innovation with legal accountability.
For now, the legal and technological communities await both the panel’s findings and the judgment of the Delhi High Court, which may serve as an early benchmark for AI-related copyright enforcement in India. How India chooses to respond will not only impact domestic policy but also influence global discourse on AI and copyright, particularly for emerging economies.
