DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT

AUTHOR –MEGHNA NAIR, STUDENT OF LL.M – IP, AMITY UNIVERSITY, NOIDA

BEST CITATION – MEGHNA NAIR, DATA WITHOUT CONSENT: THE COPYRIGHT DILEMMA IN AI DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 856-863, APIS – 3920 – 0001 & ISSN – 2583-2344

I. ABSTRACT

This paper critically examines the role of data mining in the development of artificial intelligence (AI), especially in the context of copyright law. As AI systems increasingly rely on large-scale datasets, many comprising copyrighted works for training, the practice of text and data mining (TDM) has become a double-edged sword. On the one hand, it serves as a cornerstone of innovation, enabling machines to simulate human-like reasoning and generate sophisticated outputs. On the other, it raises serious legal and ethical concerns regarding the unauthorized use of protected intellectual property. The legal vacuum that exists in jurisdictions like India, and the ramifications for authors’ economic and moral rights are explored along with the evolution and mechanics of data mining in AI development. It delves into critical jurisprudential debates, discussing real-world legal disputes such as the ANI v. OpenAI case to illustrate the urgent need for regulatory clarity. By analysing both the supportive and critical perspectives on data mining in AI, the necessity of a balanced framework, one that fosters innovation without undermining the foundational principles of copyright and authorship is pressed upon.