The High Court of Delhi in India just published a major ruling holding that, on the motion for preliminary injunction, OpenAI did not infringe the copyright of news agency ANI Media.
The High Court held it was prima facie fair dealing under India’s Section 52(1)(a) to use copyrighted works to train AI models. Plus, the alleged storage of copies during training also fell within fair dealing.
The decision is limited to the interim injunction request, however. The case can still proceed to trial.
DOWNLOAD THE DECISION OF HIGH COURT OF DELHI:
Below are excerpts from the Court’s 135-page ruling. I’ve distilled the key parts on fair dealing. For those wondering, fair dealing is similar to the U.S. concept of fair use. But the former tends to be less open-ended as fair use.
I. OpenAI’s AI Training Was Fair Dealing under India Copyright Act Section 52(1)(a)
The analysis of Section 52(1)(a) is lengthy. Here’s an excerpt:
II. Storing Copies Used to Train Is Prima Facie Fair Dealing as Well
