Generative AI, Text & Data Mining and the Fair Dealing Doctrine: Examining the New Problem with the Old Regime

Abstract

Nowadays, AI systems can produce creative output, such as paintings, poetry, music, etc. Text and Data Mining (TDM) techniques are used to ‘train’ Artificial Intelligence (AI) and for other R&D in AI. This article focuses on the governance of TDM in India. The author has argued that Section 52 of the Indian Copyright Act may handle copyright aspects of TDM activities. Still, there is a need for legislative intervention for fair governance and to take care of some challenges associated with it. The first part of the article talks about the scope of the principle of “fair dealing” in governing copyright aspects associated with TDM in India. In the second part, while explaining the TDM exceptions in other countries, the author has argued how the socio-economic condition in India favours a liberal exception of copyright to carry out TDM activities, how the narrow exception like in the EU’s Directive on Copyright in the Digital Single Market (CDSM) may prejudice the society and overall development in India. The author has argued that liberal TDM exceptions like Japan would benefit India even though there are challenges by AI firms to exploit the copyrights of the holders. In the third part, the argument of liberal TDM exceptions is supported by major socioeconomic factors like the state of the domestic economy and linguistic,
social and cultural diversity.