Copyright Law and Technological Advancements

Copyright law, established in 1710, has evolved alongside technology, adapting to changes from the printing press to the Internet. Its primary aim is to protect creators' works from unauthorized reproduction while fostering learning and economic growth. However, the emergence of generative AI presents new challenges to this legal framework.

Challenges Posed by Generative AI

• Generative AI, particularly platforms like Open AI, uses Internet scraping to train on both copyrighted and non-copyrighted content.
• This practice has led to copyright infringement claims in various countries, including India and the United States.
• Open AI has introduced an opt-out mechanism for publishers, but it applies only to future data training.

Legal Proceedings and Implications

• In India, the Delhi High Court is addressing whether AI can "unlearn" information previously trained on copyrighted material.
• The Indian Copyright Act differs from the U.S. by using an enumerated approach rather than a "fair use" test, limiting exceptions to educational uses within classrooms.
• The outcome of these cases could impact the future of AI development and copyright law, influencing access to quality training material for AI.

Balancing Creativity and Copyright

• Copyright law should ensure a balance between protecting original works and allowing future creators to build upon existing creativity.
• The foundational principle of copyright protects expressions of ideas, not the ideas themselves, enabling AI to learn without infringing as long as it doesn't reproduce expressions.
• The distinction between human and machine creation remains a key debate in shaping future copyright norms.