India is confronting complex copyright issues as generative AI systems increasingly use copyrighted material for training, according to a recent five-year assessment of the country’s intellectual property ecosystem by the Advanced Study Institute of Asia. The report, published by Manohar, highlights how AI’s use of vast copyrighted datasets raises questions about access, reproduction, licensing, and remuneration that current laws must address.
The report draws parallels between the copyright challenges posed by the shift from physical music formats to streaming platforms and those now emerging with generative AI. While streaming required legal frameworks to redefine what it means to use a work, AI complicates this further by processing large volumes of copyrighted content to train models rather than merely delivering the content to users. This distinction makes it difficult to determine how copyright protections apply when works are used as training data.
This development underscores the broader challenge of adapting copyright law to new technologies that transform how creative works are produced and monetized. The report notes that generative AI’s impact could be more extensive than previous technological shifts because the boundary between accessing a work and processing it for machine learning is less clear. This raises critical questions about licensing and fair remuneration for creators in the AI era.
The State of Intellectual Property in India report offers a comprehensive analysis of these emerging issues, marking an important contribution to ongoing debates about copyright reform in the country. It provides policymakers and stakeholders with data and insights to consider as India navigates the evolving intersection of AI and intellectual property rights.