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19 Feb 2026·Source: The Hindu
4 min
Science & TechnologyPolity & GovernanceEDITORIAL

India's Copyright Laws: Balancing Creativity, Access, and AI Development

Copyright maximalism obstructs knowledge access; India needs flexible exceptions for AI, creativity.

Editorial Analysis

Copyright laws have expanded excessively, hindering knowledge access and creation. India needs flexible exceptions in its copyright regime to encourage creativity, technological development, and public benefit, rather than prioritizing the copyright industry.

Main Arguments:

  1. Copyright has expanded beyond its original purpose, obstructing knowledge creation and access. The struggle of visually impaired persons against rigid copyright laws highlights this fundamental problem.
  2. Copyright maximalism actively obstructs the creation of and access to knowledge, a debate renewed due to AI models needing large quantities of training data, often copyrighted works.
  3. Many Asian countries' copyright laws make web search engines and AI training illegal. A study found that in four out of seven surveyed countries, the law made web search engines and AI training illegal.
  4. India's lack of a broad text and data-mining exception creates legal uncertainty for AI training. By not having a flexible, general, and open-ended exception, India ensures that copyright law will always hamper technological developments.
  5. Copyright should encourage contributions to the commons, exemplified by open-licensed AI models and datasets. These models add to the common heritage of mankind rather than subtracting from it.
  6. Copyright law has been weaponized to block beneficial technologies under the guise of protecting creators. Current copyright law blocks technologies that could democratize access to knowledge, unleash creativity, and drive innovation.

Counter Arguments:

  1. The copyright industry strongly opposes exceptions to copyright law, viewing any exception as fundamentally unacceptable, even if it denies access to the visually impaired.
  2. There are concerns around the outputs of generative AI substituting creative labor. However, copyright is meant to be about encouraging creativity, not about protecting jobs.

Conclusion

India's hosting of the AI Summit is the moment to act: it must lead efforts for all nations to adopt flexible exceptions that serve creators and the public, rather than the copyright industry. Copyright law needs to return to its roots.

Policy Implications

India needs to adopt flexible exceptions in its copyright regime to encourage creativity, technological development, and public benefit. Governments should establish safe harbor provisions that protect datasets from copyright claims, at least when used for training open-source models.

Copyright laws have expanded beyond their original purpose, obstructing knowledge creation and access. The Marrakesh Treaty, which enables cross-border exchange of accessible-format books for visually impaired persons, faced opposition from the copyright industry. A study found that copyright laws in many Asian countries make web search engines and AI training illegal.

India's lack of a broad text and data-mining exception creates legal uncertainty for AI training. Copyright should encourage contributions to the commons, such as open-licensed AI models and datasets. India should adopt flexible exceptions that serve creators and the public, fostering innovation and democratizing access to knowledge.

Key Facts

1.

Copyright law has expanded beyond its original purpose, obstructing knowledge creation and access.

2.

The copyright industry strongly opposed the Marrakesh Treaty, which sought to establish a ‘right to read’ for visually impaired persons.

3.

A study found that copyright laws in many Asian countries make web search engines and AI training illegal.

4.

India's lack of a broad text and data-mining exception creates legal uncertainty for AI training.

UPSC Exam Angles

1.

GS Paper II: Laws and Treaties related to Intellectual Property Rights

2.

GS Paper III: Science and Technology - Developments and their Applications and Effects in Everyday Life

3.

Potential for questions on the balance between copyright and innovation, international treaties, and the impact of AI on legal frameworks

In Simple Words

Copyright law is supposed to protect creators, but it's become too strict. It's like having a fence around your yard that's so big, nobody can even see your house. We need to make sure copyright helps creativity, not block it.

India Angle

In India, strict copyright laws can prevent small businesses from using online resources for training or marketing. This affects students who can't access educational materials and researchers who need data for their work.

For Instance

Think of a small software company in India that needs data to train its AI. If copyright laws are too strict, they can't access the data they need, while big companies can afford expensive licenses.

Copyright laws affect everyone because they determine how easily we can access information, learn, and create. If the laws are too strict, it stifles innovation and limits opportunities.

Copyright should open doors to creativity, not slam them shut.

Visual Insights

Copyright Law and its Impact

Illustrates the interplay between copyright law, creativity, access to knowledge, and AI development.

Copyright Law

  • ●Creativity & Innovation
  • ●Access to Knowledge
  • ●AI Development
  • ●Legal Framework
More Information

Background

Copyright law in India is primarily governed by the Copyright Act of 1957, which has been amended several times to keep pace with technological advancements. The original intent of copyright was to protect the rights of creators and incentivize creative expression by granting them exclusive control over their works for a limited period. This protection extends to various forms of creative works, including literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings. However, the scope of copyright has expanded over time, leading to concerns about its impact on access to knowledge and innovation. The expansion has raised questions about whether copyright is adequately balancing the rights of creators with the broader public interest in accessing and building upon existing works. The article highlights that strict copyright laws can hinder activities like text and data mining, which are crucial for training Artificial Intelligence (AI) models. India is also a signatory to the Marrakesh Treaty, which aims to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. The treaty requires signatory countries to adopt national laws that allow for the reproduction and distribution of published works in accessible formats, such as Braille, without the permission of the copyright holder. The treaty reflects a global effort to balance copyright protection with the needs of vulnerable populations.

Latest Developments

In recent years, there has been increasing debate in India and globally about the appropriate balance between copyright protection and the need to promote innovation, particularly in the context of AI. The rise of AI and machine learning has highlighted the importance of access to large datasets for training AI models. This has led to discussions about whether existing copyright laws are hindering the development of AI by restricting access to copyrighted material for text and data mining.

Several countries have introduced or are considering introducing exceptions to copyright law to facilitate text and data mining for AI training. These exceptions typically allow researchers and developers to access and use copyrighted material for non-commercial research purposes without obtaining permission from the copyright holder. The Indian government has been examining the issue of copyright and AI, and there have been discussions about the need to create a more flexible legal framework that supports AI innovation while protecting the rights of creators.

Looking ahead, it is expected that the debate about copyright and AI will continue to intensify as AI technology becomes more prevalent. There is a growing recognition that copyright laws need to be adapted to the digital age and the unique challenges and opportunities presented by AI. The outcome of this debate will have significant implications for the future of AI innovation in India and around the world.

Frequently Asked Questions

1. What is the main aim of copyright law, and how has it changed?

Copyright law aims to protect creators' rights and encourage creative work by giving them control over their creations for a limited time. However, it has expanded beyond its original purpose, now sometimes hindering knowledge creation and access.

2. What is the Marrakesh Treaty, and what was the copyright industry's stance on it?

The Marrakesh Treaty aims to create a ‘right to read’ for visually impaired persons by enabling the cross-border exchange of accessible-format books. The copyright industry strongly opposed it.

3. What are the key facts about India's Copyright Act for the UPSC Prelims?

The current Copyright Act in India is from 1957. Under this law, copyright lasts for the author’s entire lifetime plus 70 years after their death. In 2012, an exception was introduced for ‘the transient or incidental storage’ for ‘providing electronic links, access or integration’.

  • •Copyright Act: 1957
  • •Copyright Duration: Author's lifetime + 70 years
  • •2012 Amendment: Exception for transient storage

Exam Tip

Remember the year of the Copyright Act and the duration of copyright protection. These are frequently tested in Prelims.

4. How does India's copyright law affect AI training?

India's lack of a broad text and data-mining exception creates legal uncertainty for AI training. A study found that copyright laws in many Asian countries make web search engines and AI training illegal.

5. What reforms are needed in India's copyright law to balance creativity, access, and AI development?

India should adopt flexible exceptions that serve both creators and the public, fostering innovation and democratizing access to knowledge. Copyright should encourage contributions to the commons, such as open-licensed AI models and datasets.

6. What is the historical background of copyright law?

The Statute of Anne, widely seen as the first copyright law, was passed in Britain in 1710. The original intent of copyright was to protect the rights of creators and incentivize creative expression by granting them exclusive control over their works for a limited period.

7. Why is the issue of copyright law and AI development in the news recently?

The rise of AI and machine learning has highlighted the importance of access to large datasets for training AI models. This has led to discussions about whether existing copyright laws are hindering AI development.

8. How do copyright laws in some Asian countries affect web search engines?

A study found that in four out of seven countries in South and Southeast Asia, copyright law made web search engines illegal.

9. What is the role of 'text and data mining exception' in copyright law, especially concerning AI?

A broad text and data-mining exception allows researchers and developers to use copyrighted material for analysis and AI training without seeking permission. India's lack of such an exception creates legal uncertainty.

10. Who is Pranesh Prakash, and why is their name associated with this topic?

Pranesh Prakash is a key personality associated with discussions on copyright law and its impact on innovation and access to knowledge.

Practice Questions (MCQs)

1. Consider the following statements regarding the Marrakesh Treaty: 1. It aims to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. 2. It mandates signatory countries to allow cross-border exchange of accessible-format books. 3. The copyright industry has consistently supported the treaty's implementation without reservations. Which of the statements given above is/are correct?

  • A.1 and 2 only
  • B.2 and 3 only
  • C.1 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: A

Statement 1 is CORRECT: The Marrakesh Treaty indeed aims to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. Statement 2 is CORRECT: The treaty mandates signatory countries to allow cross-border exchange of accessible-format books. Statement 3 is INCORRECT: The copyright industry has, at times, opposed or expressed reservations about the treaty's implementation due to concerns about copyright infringement. Therefore, not all statements are correct.

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