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AI Training Data And Copyright Infringement In India: A Critical Analysis Of ANI V. OpenAI And The Fair Dealing Doctrine

Oct 6
1 min read



Shaurya Raj, LL.M., National Law University, Jodhpur

Vanshika Arora, LL.M., National Law University, Delhi


1. ABSTRACT


This project critically examines the question whether the “fair dealing” exception under Section 52(1)(a) of the Copyright Act, 1957 can be invoked to justify the use of copyrighted news content to train large language models, as the Delhi High Court provisionally held in ANI Media Pvt. Ltd. v. Open AI OpCo LLC. Drawing on the Court’s interim order, the pending intra-court appeal, and pre-AI fair dealing precedents (Civic Chandran, the DU Photocopy case, India TV v. Yashraj Films, Eastern Book Co. v. Modak), the project situates India’s position against the fair-use jurisprudence of the United States (Thomson Reuters v. ROSS Intelligence, Bartz v. Anthropic, Kadrey v. Meta), the United Kingdom’s legislative restraint on text-and- data-mining reform, and the European Union’s opt-out mechanism, contrasted with Germany’s contrary result in GEMA v. OpenAI. It finds that the Court’s reliance on “private or personal use, including research” to excuse commercial, at-scale training strains a closed, enumerated, 1957-era provision, and concludes with recommendations for reform.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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