Mint Explainer: The OpenAI case and what’s at stake for AI and copyright in India
Live MintThe first legal challenge to generative artificial intelligence models in India surfaced last week when news agency ANI filed a lawsuit against OpenAI in the Delhi High Court alleging copyright infringement. “This case asks an Indian court to decide whether the unauthorized scraping and use of copyrighted content for AI training constitutes copyright infringement and whether AI outputs based on such data also infringe copyright." Swati Sharma, partner and head of intellectual property at Cyril Amarchand Mangaldas, explained: “The case will likely address whether downloading and copying copyrighted content for AI training constitutes infringement, whether AI models or their outputs can be considered derivative works, and if fair use can serve as a defence in such claims." For one, ANI’s case against OpenAI “is likely to open the floodgates for more publishers filing lawsuits for copyright violations", said Sharma of Cyril Amarchand Mangaldas.