CHALLENGES TO COPYRIGHT LAW IN INDIA VIS A VIS GENERATIVE AI

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Published ID: IJNRD2605419

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Vishal Verma

Copyright Law, Generative Artificial Intelligence, Authorship, AI-Generated Works, Fair Use, Fair Dealing, Intellectual Property Rights, India, Data Protection, Deep Fakes, ISP Liability, TRIPS, Berne Convention, Sui Generis Protection.

The rapid advancement of Generative Artificial Intelligence (Generative AI) has ushered in an era of unprecedented complexity for intellectual property law, particularly copyright. This dissertation undertakes a comprehensive academic examination of the multifaceted challenges that Generative AI poses to the existing copyright law framework in India. At a pivotal juncture where transformative technology intersects with the imperative to protect intellectual property rights, this research seeks to illuminate the legal inadequacies, doctrinal ambiguities, and governance gaps that arise from the proliferation of AI-generated creative works. The study begins with a conceptual analysis of AI technologies, tracing the evolution from traditional algorithmic systems to sophisticated deep neural networks and Generative Adversarial Networks (GANs). It situates AI within a technology value and risk model, mapping the spectrum of opportunities — ranging from autonomous systems and expert support to creative content generation — against inherent threats such as misuse, systemic bias, and unintended socio-economic consequences. A central concern of this dissertation is the question of authorship and ownership of AI-generated works. The Indian Copyright Act, 1957 defines “author” in relation to computer-generated works as “the person who causes the work to be created,” yet it does not contemplate a scenario where a work is independently generated by AI without meaningful human intervention. This research critically evaluates three competing positions: recognising AI as a legal author, placing AI-generated works in the public domain, or developing a sui generis protection regime. Each approach carries significant implications for innovation incentives, human creativity, and the socio-economic interests of AI developers and investors. The research further examines copyright liability in the digital environment, covering issues of peer-to-peer (P2P) file sharing, hyperlinking, framing, and the liability of Internet Service Providers (ISPs) under both the Copyright Act, 1957 and the Information Technology Act, 2000. Key judicial pronouncements from Indian courts, as well as landmark decisions from the United States and other jurisdictions, are analysed to understand the evolving standards of direct, contributory, vicarious, and inducement liability. Through a comparative analysis of fair use and fair dealing doctrines across India, the United States, and other jurisdictions, the study examines how existing copyright exceptions might apply — or fail to apply — to AI-generated content and the use of copyrighted data for machine learning. The dissertation also addresses the emerging challenge of “deep fakes” and the interplay of copyright with data protection law, noting India’s absence of a comprehensive data protection statute as a critical legislative gap. The study concludes by situating India’s copyright framework within the broader international treaty architecture — including the Berne Convention, the TRIPS Agreement, and the WIPO Internet Treaties — and assesses whether India’s existing legal obligations necessitate legislative reform. The dissertation proposes targeted suggestions for amending the Copyright Act, 1957, strengthening enforcement mechanisms, introducing provisions specific to AI-generated works, and fostering greater harmonisation with international standards. Employing a doctrinal research methodology that draws upon statutory texts, judicial decisions, policy documents, and scholarly literature, this dissertation aims to contribute meaningfully to the global dialogue on copyright reform in the age of artificial intelligence. It advocates for a balanced and forward-looking approach that preserves human creativity, incentivises technological innovation, and ensures equitable access to creative works for the public.

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Vishal Verma (May-2026). CHALLENGES TO COPYRIGHT LAW IN INDIA VIS A VIS GENERATIVE AI. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(5), e129-e131. https://ijnrd.org/papers/IJNRD2605419.pdf

Volume 11 Issue 5, May-2026

Pages : e129-e131

Paper Reg. ID: IJNRD_324753

Published Paper Id: IJNRD2605419

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Author Type: Indian Author

Country: New Delhi , New Delhi, India

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