Access to affordable medical care is a fundamental right of every human being. From the perspective of patent law, in India, generally the focus has been on pharmaceutical drugs and how patent law can balance the right of public to affordable drugs viz-a-viz the right of innovators. However, healthcare in the contemporary world extends far…
In a host of the cases filed in the US against Gen AI developers, one of the primary allegations concern unauthorized access and use of publicly available works for training. The allegations concern scraping of publicly available works, which are protected by copyright, for extracting meta-information to train and make Gen AI models capable of…
Ex Parte Orders on Personality Rights
Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice. (Not their performance, just their voice! The difference is crucial!)
Most recently,…
In Part 3 of the Series, we explored the output side of things - showing how if the output generated by the Generative AI model is substantially similar or a trivial alteration, or an adaptation in a different format of a work, it may infringe the rights of the copyright owner. However, who will be…
In the first two posts in this series, we addressed Copyright concerns raised by Generative AI, primarily at the stage of training the LLM as well as using certain datasets. In the first post, we considered whether storing copyrightable works for training purposes is an infringing reproduction. In the second post, we analyzed whether extracting…
Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically be looking at transformative and extractive uses, applicability of exceptions and limitations under Indian Copyright law, as well…
The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues that stem out of genAI technology can be categorized into four heads. All the litigations in the United States form a part of one of these four heads: Allegation of copyright Infringement due to copying/storage of copyrighted works…

