06 · GS-III: Artificial Intelligence, Algorithmic Ethics & Copyright
Generative Artificial Intelligence and Copyright Infringement: Fair Dealing Doctrine, Training Data Scraping and Synthetic IP
NEWS PEG
- The Parliamentary Standing Committee on Commerce and DPIIT initiated consultations on amending the Copyright Act, 1957, addressing intellectual property disputes arising from Generative AI foundational models scraping copyrighted literary, musical, and artistic works for model training.
- Authors, artists, and media publishers petitioned the government to establish statutory licensing frameworks and mandatory compensation pools, arguing that unauthorized training on proprietary creative works violates Section 14 of the Copyright Act.
- Tech industry representatives argued for expanding the 'Fair Dealing' exception under Section 52 to include text and data mining (TDM) for scientific research and AI innovation, citing international practices in Japan and Singapore.
STATIC FOUNDATION
- Copyright Act, 1957: Protects original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings; grants exclusive economic rights (reproduction, translation, adaptation) and moral rights (paternity and integrity under Section 57).
- Fair Dealing Doctrine (Section 52 of Copyright Act): Permits limited use of copyrighted work without permission for: private or personal use (including research), criticism or review, and reporting of current events.
- Text and Data Mining (TDM) Exception: Legal exception allowing automated computational analysis of digital text and data to discover patterns, trends, and correlations without infringing copyright.
- Berne Convention for the Protection of Literary and Artistic Works (1886): International treaty governing copyright, establishing the 'Three-Step Test' for national copyright limitations.
PRELIMS TRAP & PYQ BRIDGE
MAINS ENHANCEMENT
- Protecting Human Creativity: Collective Licensing & Royalty Pools — Mandating AI foundation model developers to contribute to creator compensation funds.
- Balancing AI Competitiveness: Statutory Text & Data Mining (TDM) Exception — Providing clear legal safe-harbors for non-commercial academic research and domestic AI model training.
- Synthetic Content Attribution: Mandatory Machine-Readable Watermarking — Requiring AI platforms to declare and provenance all synthetically generated commercial media.