Copyright Act under review to address generative AI challenges, says Centre

The Centre told the Lok Sabha that it is reviewing the Copyright Act, 1957 to see if it can address legal challenges arising from the growing use of generative artificial intelligence

The Centre is examining whether India’s Copyright Act, 1957 is adequate to deal with legal challenges created by generative artificial intelligence (AI), Bar and Bench reported. The Lok Sabha was informed of this review on Tuesday.

 

The move comes as AI tools increasingly use large amounts of data, including copyrighted material, raising questions around ownership, authorship and legal protection.

 

Expert committee formed to study AI, copyright issues

 

In a written reply to a question raised by Congress MP Shashi Tharoor, Minister of State for Commerce and Industry Jitin Prasada said that the Department for Promotion of Industry and Internal Trade (DPIIT) has set up an eight-member expert committee to examine the issue.

 

According to the minister, the panel was constituted in April this year. Its role is to assess whether the existing provisions of the Copyright Act are sufficient to address new legal and policy challenges emerging from the use of artificial intelligence, the news report said.

 

First working paper released for public feedback

 

The committee has already completed Part 1 of a working paper that looks at how copyrighted content is used to train AI systems. This document has been published by the government and opened for feedback from stakeholders, the minister said.

 

The next phase of the study will focus on more complex questions related to AI-created works. Issues such as "authorship, ownership and the copyrightability" of content generated by AI tools are currently under examination.

 

These matters are expected to be covered in Part 2 of the working paper, which is still under review, Prasada said.

 

  Panel’s mandate and next steps

 

The Centre said that the committee’s terms of reference include identifying and analysing legal and policy challenges arising from the use of artificial intelligence within the copyright framework. It has also been asked to examine whether existing laws are adequate and to make recommendations wherever changes are needed, Bar and Bench reported.

 

Based on its findings, the committee will prepare and finalise a working paper for publication by the department.

 

What is the Copyright Act, 1957?

 

The Copyright Act, 1957, is India’s main law for protecting original creative works. It was passed by Parliament in 1957 and came into effect on January 21, 1958, replacing older British-era copyright laws.

 

Under this law, copyright gives creators exclusive rights over their work. This means only the creator, or someone authorised by them, can copy, publish, perform, adapt or translate the work.

 

The Act covers a wide range of creative works, including:

• Literary works such as books, articles and software

• Musical and dramatic works like songs and plays

• Artistic works, including paintings and photographs

• Cinematograph films and sound recordings

 

Copyright protection begins as soon as a work is created and recorded in some form. While registration is not mandatory, it can be useful during legal disputes.

 

Duration of copyright protection

 

In most cases, copyright lasts for the lifetime of the author plus 60 years. For films and sound recordings, protection continues for 60 years from the date of publication.

 

The law has been amended several times to keep pace with changes in technology. The most recent major amendment in 2012 addressed issues related to digital content, performers’ rights and internet use.