Open Access Research Article
ALGORITHMIC INGESTION AND COPYRIGHT LAW: A STATUTORY BLANKET LICENSING FRAMEWORK FOR ARTIFICIAL INTELLIGENCE TRAINING IN INDIA
Abstract
ABSTRACT
Generative artificial intelligence
systems are trained on billions of copyrighted works, yet the Copyright Act
1957 does not say whether that ingestion infringes. On 24 July 2026, in ANI
Media Pvt Ltd v OpenAI Inc, the Delhi High Court held, prima facie, that
storing works to train a large language model falls within the fair dealing
exception in section 52(1)(a)(i). This paper argues that a single-judge,
interim, appealable finding cannot supply the predictable, economy-wide answer
that developers and rights holders need, and that the closed list in section 52
is structurally unsuited to commercial text and data mining. Comparing the
United States, the European Union, the United Kingdom and Japan, it proposes a
statutory blanket licence, to be inserted as section 31E: a tiered,
revenue-based levy administered by a collecting society, with a rights-holder
opt-out and exemptions for non-commercial research and small enterprises. The
Government's own December 2025 Working Paper reaches a structurally similar diagnosis,
but the paper shows two respects, the absence of any opt-out and an
undifferentiated global-revenue levy, in which the framework proposed here is
more proportionate and less constitutionally exposed. The model is tested
against Articles 14, 19, 21 and 300A of the Constitution and the three-step
test under the Berne Convention and TRIPS, and draft statutory text is offered.
Published Paper
Author Details
Authors: SHREYA SINGHRegistration ID: 1013261 | Published Paper ID: IJLRA13261Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 174-187
Article Information
ALGORITHMIC INGESTION AND COPYRIGHT LAW: A STATUTORY BLANKET LICENSING FRAMEWORK FOR ARTIFICIAL INTELLIGENCE TRAINING IN INDIA
Authors: SHREYA SINGH
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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