What Indian Media Can Do To Tackle Misuse Of Content By AI
The New York Times recently filed a lawsuit against OpenAI and Microsoft, alleging that their AI chatbots used NYT's content without permission.
The New York Times recently filed a lawsuit against OpenAI and Microsoft, alleging that their AI chatbots used NYT's content without permission and attributing wrong information to the media company.
This raises questions about the legal rights of Indian media houses in similar situations.
Unauthorised Use Of Content
There are two ways an entity can use copyrighted work: obtaining a licence from the copyright owner or engaging in fair use as per Section 52 of the Copyright Act, 1957.
Section 52 lists acts that won't constitute copyright infringement, including fair dealing for private use, criticism, review, reporting current events, judicial proceedings, and more. These exceptions allow certain uses without permission, provided they adhere to the specified conditions outlined in the Act.
If the content is being reproduced verbatim, a clear case of infringement can be made out, according to Manmeet Kaur, partner at Karajawala & Co. However, mere training of AI models through such data remains a grey area for infringement, she said.
If a media house finds that someone is using their content without permission or not following the fair use conditions, they can take legal actions. These actions can include seeking injunctions and/or claiming damages.
Alternatively, they can file a complaint for criminal prosecution according to Section 63 of the Copyright Act, 1957. This section states that anyone knowingly infringing copyright or other rights can face imprisonment for six months to three years and a fine of fifty thousand to two lakh rupees.
However, for situations where AI systems attribute wrong information to a media house, as per Abhay Chattopadhyay, partner at Economic Laws Practice, the law as it stands today under the Copyright Act does not provide any remedy.
However, a civil suit seeking damages for defamation could be adopted as a course of action provided the wrongful attribution is shown as leading to a loss of reputation.Abhay Chattopadhyay, Partner, Economic Laws Practice
Consumer laws can also effectively address AI-related issues, ensuring rights enforcement for deficient services and false information communicated to users as per Subhash Bhutoria, founder, LAW SB.
Additionally, existing IT act has certain provisions relating to hosting or transmission of illicit material etc, which would require higher degree of proof and Mens Rea.Subhash Bhutoria, Founder, LAW SB
Need For New Provisions
The 161st Report presented to the Parliament, titled 'Review of the Intellectual Property Rights Regime in India,' suggests that to fully leverage the advantages of artificial intelligence, it is essential to reevaluate the existing Intellectual Property Rights (IPR) legislation in India.
The report recommends implementing a robust IPR framework, which can be achieved through different means.
To enhance AI benefits, changes to IPR laws can occur through amendments, a new law, or the Digital India Act, 2023, reshaping the Information Technology Act, suggests Chattopadhyay.
