GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW

AUTHOR – TARUN KUMAR SINGH JAYANT* & MS. ARADHANA YADAV**

*, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – TARUN KUMAR SINGH JAYANT & MS. ARADHANA YADAV, GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 196-205, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores whether the use of copyrighted content for training generative AI models qualifies as “fair dealing” under Indian copyright law. While the Indian Copyright Act lacks explicit provisions addressing AI-generated content, this research will assess how traditional fair dealing exceptions can be interpreted in light of transformative use, purpose of use (research, private use, etc.), and potential market harm. It will also compare Indian law with evolving global standards (like the U.S. fair use doctrine) to identify gaps, challenges, and policy needs. The purpose of the paper is to add to the conversation about how Indian IP law ought to change in the age of artificial intelligence.

Keywords: Copyright, Artificial Intelligence, Fair Use, Fair Dealing.