Indian media houses rally against OpenAI over copyright dispute

The legal heat on OpenAI in India intensified as digital news outlets owned by billionaires Gautam Adani and Mukesh Ambani joined an ongoing lawsuit against the ChatGPT creator. They were joined by some of the largest news publishers in India including the Indian Express, and Hindustan Times, and members of the Digital News Publishers Association (DNPA), which includes major players like Zee News, India Today, and The Hindu.

These publishers claim OpenAI scraped and adapted their copyrighted content without permission, hurting the media industry’s revenue and intellectual property, reported Reuters.

The filings in the Delhi High Court argue that OpenAI’s actions pose a “clear and present danger to the valuable copyrights” of these publishers. This follows similar lawsuits globally, including one by the New York Times in the United States, highlighting a growing backlash from publishers against generative AI models.

Mounting allegations against OpenAI

OpenAI, which sparked a generative AI revolution with ChatGPT’s launch in 2022, has repeatedly denied allegations of copyright violations. The company claims its AI systems leverage public data under fair use doctrines. However, Indian publishers argue that OpenAI’s operations in India defy legal norms, especially given the company’s licensing agreements with international publishers such as Time magazine and the Financial Times.

The new filing asserts that OpenAI’s omission of similar agreements with Indian publishers “betrays an inexplicable defiance of the law” and undermines democracy by weakening the press, according to the report.

In November 2023, a group of nonfiction authors filed a class-action lawsuit against OpenAI and Microsoft, accusing them of unlawfully using their copyrighted works and academic journals to train the ChatGPT AI model without obtaining permission.

OpenAI did not respond to requests for comment.

Broader implications for the AI landscape

The intervention by heavyweight media houses adds momentum to ANI’s lawsuit, which accused OpenAI last year of using its content without authorization to train ChatGPT and spreading misinformation by attributing fabricated stories to ANI.

The Reuters-backed news agency demanded that the ChatGPT maker delete the copyrighted content used to train the LLM. OpenAI, however, has opposed the demand saying it violates US laws.

With a hearing scheduled for Tuesday, the case is expected to set a legal precedent in India on AI-related copyright disputes.

Legal observers believe the case could significantly impact how generative AI companies operate in India. Analysts have pointed out that India’s legal framework was not designed with modern AI systems in mind, creating a pressing need for updated copyright laws to govern emerging technologies.

“It may lead to stricter copyright rules, requiring AI developers to obtain explicit licenses for training datasets,” said Anish Nath, practice director at Everest Group. “Laws could also evolve to differentiate between using content for training versus reproducing it verbatim, with distinctions for non-profit versus for-profit AI companies.”

Future of AI copyright compliance

The legal battle in India is reflective of global trends. In the US, OpenAI has faced lawsuits from authors, visual artists, musicians, and news organizations for allegedly training AI models with copyrighted content. In response, the company has initiated partnerships with major international outlets to mitigate future disputes.

Industry leaders and legal experts are closely watching the case for its implications on AI regulation and copyright laws. If Indian courts uphold the publishers’ demands, OpenAI and similar firms could be compelled to either enter licensing agreements in India or overhaul their training data practices to avoid legal entanglements.

The outcome of this case could redefine the balance between innovation in AI and the rights of content creators, making India a critical battlefield in the global AI copyright debate. With Indian publishers and global precedents shaping the debate, OpenAI’s case serves as a pivotal moment in framing AI’s obligations in using proprietary content. As the AI industry continues its exponential growth, aligning technological advancements with robust intellectual property protections will be key to fostering sustainable innovation.