India’s AI copyright framework remains in flux, attempting to safeguard creators while fostering innovation in a sector projected to exceed $8 billion in investments. The tension escalated in 2025 with lawsuits against OpenAI, led by ANI Media Pvt Ltd alleging the company scraped copyrighted news content for ChatGPT training without permission or remuneration. Delhi High Court proceedings advanced through March 2025, drawing interventions from the Digital News Publishers Association (DNPA) representing outlets like The Indian Express, which claim AI outputs reproduce protected material verbatim. Bollywood production houses petitioned to expand the scope to AI-generated music and scripts, marking one of Asia’s first major AI IP battles.
‘One Nation, One License’ Enters the Fray
DPIIT’s December 2025 consultation paper proposed a “One Nation, One Licence” mechanism, requiring AI developers to procure blanket permissions for copyrighted datasets through government-backed collective licensing bodies, with royalties pooled and distributed based on usage metrics. Modeled after India’s music licensing via IPRS, it aims to simplify negotiations but faces pushback from NASSCOM and startups over potential cost hikes and administrative bottlenecks that could hinder SME participation in gen AI development.​
Deep-Rooted Institutional Gaps
No specialised AI copyright tribunal exists, forcing cases into general IP courts overwhelmed by backlogs—contrast this with Maharashtra’s forthcoming dedicated forums for IT employee disputes under the Industrial Relations Code 2020. Enforcement hurdles compound: tracing training data provenance remains technically elusive without mandated transparency logs or watermarks for AI outputs.​
Technical Hurdles in AI IP Enforcement
Distinguishing fair use for training from infringement proves contentious; U.S. cases like NYT v. OpenAI inform debates, but India’s Berne Convention obligations prioritize moral rights. MeitY advocates cautious, consultative rulemaking, potentially incorporating EU AI Act-style risk classifications for high-stakes models while preserving research exemptions.
Stakeholder Perspectives and Outlook
Publishers demand opt-out rights and compensation funds; developers seek safe harbors. With ANI hearings ongoing and WIPO discussions accelerating, India’s overhaul could set global precedents—balancing IP incentives with AI’s economic promise.​
