Why ‘lawful access’ may not be required for AI training in India
Why ‘lawful access’ may not be required for AI training in India Arul George Scaria, law professor at National Law School of India University, Bengaluru, tells *The Indian Express* what the Delhi High Court’s AI copyright ruling means for LLM training, fair dealing and potential liability for AI outputs. https://indianexpress.com/article/explained/explained-law/delhi-hc-llm-train... *The Delhi High Court has a pending suit regarding “shadow libraries” (like Sci-Hub) despite a preliminary observation that such libraries infringe on copyright. Since LLMs are often trained on these libraries, does this present a legal grey area in India?* In *Elsevier vs Alexandra Elbakyan*, I feel the court did not have the opportunity to hear the perspectives of the academic and research community. *ANI vs OpenAI* rightly clarifies that “lawful access” is not a general requirement under the fair dealing provision, or under most of the other exceptions to infringement listed under Indian copyright law. *So if you can prove as a user that your use comes under the fair dealing exception or any of the other exceptions wherein lawful access is not mandated, the source shouldn’t really matter.* Wherever “lawful access” is intended under our copyright statute, it is specifically mentioned..... Madhan (https://orcid.org/0000-0003-1651-4180)
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