AI Chatbots and Copyright Infringement: Liability Gaps in India’s Cyber Law Framework
V. Mathivadhani Kandiyar, SASTRA Deemed University
ABSTRACT
This study is to identify the emerging legal issues concerning AI chatbots that reproduce copyrighted content and assess the gaps in Indian cyber law in this regard. Chatbots like ChatGPT utilize massive amounts of data for their functioning, including copyrighted works such as literature and creative content. Although copyright infringement in this regard would be limited by the permissible scope for fair dealing provisions, the provisions would be applicable in accordance with Section 52 of the Copyright Act, 1957, which states "In determining what constitutes infringement of copyright fair dealing with a literary or dramatic work for the purpose of private research or study shall not be regarded as infringement of copyright." However, the rapid advancement in AI technology has raised several issues concerning copyright infringement, ethical standards, and data privacy. The lack of clear provisions on this issue creates confusion about copyright infringement in cases where copyrighted content is reproduced by AI chatbots. The issue has assumed practical significance in a lawsuit filed by Asian News International in 2024 against OpenAI at the Delhi High Court for allegedly using its copyrighted news data for training its AI chatbots without permission.