Adsterra

AI and Copyright Law in India: Ownership, Challenges, and Future Regulations

Lawkagyan January 30, 2025

The Future of AI and Copyright Law in India: Challenges and Solutions

Introduction

Artificial Intelligence (AI) is reshaping India’s creative industries, from writing and filmmaking to music composition and digital marketing. AI-powered tools like ChatGPT, MidJourney, and DALL·E generate text, images, and music at an unprecedented scale.


But this rapid progress raises serious legal and ethical questions:

  • Who owns AI-generated content in India?
  • Does AI training on Indian copyrighted content constitute infringement?
  • Should Indian artists and writers receive compensation if AI uses their work?
  • How will the Indian Copyright Act adapt to AI innovation?

While AI revolutionizes creativity, it challenges traditional copyright laws, leading to disputes over ownership, authorship, and intellectual property rights (IPR).

This article explores the legal status of AI-generated content in India, key copyright challenges, and potential solutions to regulate AI while protecting Indian creators.

AI’s Disruption of Copyright Law in India

1. How AI is Changing Creative Industries

AI is rapidly integrating into India’s digital economy, impacting multiple creative fields:

✅ Journalism & Publishing:

  • AI-generated news articles, blogs, and automated reports are widely used in India’s media industry.
  • Example: AI tools are used in digital news portals to auto-generate financial and sports updates.

🎬 Bollywood & Regional Cinema:

  • AI contributes to scriptwriting, CGI animations, and voice cloning for dubbing.
  • Example: AI recreated veteran actor voices in recent South Indian films.

🎵 Music & Audio Production:

  • AI-generated music is entering Bollywood and advertising industries, competing with human composers.
  • Example: AI-assisted music in Spotify’s auto-generated playlists and background scores.

🛍️ Digital Marketing & E-commerce:

  • AI creates advertisements, product descriptions, and brand storytelling content.
  • Example: AI-generated marketing campaigns used by Indian e-commerce giants like Flipkart and Amazon India.

👨‍💻 Software Development:

  • AI tools like GitHub Copilot assist Indian developers in writing and debugging code.
  • Question: Can AI-generated code be copyrighted in India?

With AI contributing significantly to content production, defining who owns AI-generated works is becoming an urgent legal challenge.


Legal Challenges in AI Copyright Law in India

1. The Indian Copyright Act and AI-Generated Content

India’s copyright law, governed by the Copyright Act of 1957, was drafted in an era before AI-generated content existed.

Key issue:
📌 The Act only grants copyright to works created by a “human author.”

📌 AI is not a legal entity in India, meaning AI-generated content has no automatic copyright protection.

Thus, under current laws:

✅ A human who edits, modifies, or significantly contributes to AI-generated work may claim copyright.

❌ AI itself cannot own copyright.

This legal loophole creates uncertainty in Indian courts and businesses, requiring urgent updates to copyright laws.


2. Who Owns AI-Generated Content in India?

Scenario 1: The AI User Owns the Content

  • If an individual inputs creative prompts and refines the output, they may be considered the author.

Scenario 2: The AI Developer Owns the Content

  • If a company trains an AI model to generate unique content, the firm could claim ownership.

Scenario 3: No Copyright Protection for AI Content

  • If AI generates content without human intervention, Indian law currently does not recognize it as an original work.

3. Copyright Infringement in AI Training Data

🔹 AI models are trained on massive datasets, often including copyrighted books, music, and movies.

🔹 Indian artists argue that AI tools illegally use their copyrighted work for training.

🔹 Potential solution: A licensing framework where AI companies pay royalties to Indian creators.


Proposed Legal & Regulatory Solutions

1. AI-Specific Copyright Laws for India

  • The Indian government should introduce new legal provisions for AI-generated content, defining:
    ✅ Who owns AI-generated works
    ✅ Fair compensation rules for Indian creators
    ✅ Liability for AI copyright violations

2. Licensing Agreements for AI Training Data

  • AI companies must obtain permissions from Indian content creators before using their work.
  • Example: Similar to music streaming royalties, Indian musicians should receive AI usage fees.

3. Blockchain-Based Copyright Protection

  • Using blockchain technology to track AI-generated content and prevent plagiarism.
  • Example: Indian film and music industries could register copyrights using blockchain.

4. AI-Generated Content Labeling

  • Mandatory disclosure that content was created by AI.
  • Example: AI-generated images and music should include “Create with AI” labels.

Conclusion: The Road Ahead for AI and Copyright Law in India

AI is driving innovation in India's creative industries, but legal gaps in copyright law need urgent reforms.

The best approach is to:

✅ Protect human creators through licensing and fair compensation.

✅ Define AI copyright ownership clearly to prevent legal disputes.

✅ Encourage AI innovation while maintaining ethical use of copyrighted materials.

With clear regulations, India can lead the way in AI and intellectual property rights, ensuring a fair and balanced future for all stakeholders.

What’s Your Opinion?

Should AI-generated content be copyrighted in India?  Share your views in the comments!

FAQs

📌 Can AI-generated content be copyrighted in India?

Not currently, unless a human significantly contributes to the content.

📌 Are AI-generated images and music legal in India?

Yes, but copyright ownership remains unclear under Indian law.

📌 What should Indian content creators do to protect their work from AI?

Creators should use watermarking, licensing agreements, and blockchain tracking.

Post a Comment

0 Comments