Restoring Balance to Copyright Law in the Era of Artificial Intelligence
Modern copyright law has expanded significantly from its 18th-century origins, moving toward copyright maximalism that can obstruct access to knowledge. The debate has intensified with the rise of Artificial Intelligence (AI) models, which require vast datasets for training. While some jurisdictions like the EU and Japan have created text and data mining exceptions, India lacks a flexible fair use provision for AI. The article argues for a return to the original intent of copyright—promoting creativity and public benefit—rather than just protecting industry interests. It suggests that India should lead efforts to adopt flexible exceptions that serve both creators and the public.
Key Points
- The Statute of Anne (1710) was the first copyright law, granting limited monopolies to authors.
- Current copyright laws often last for the author's lifetime plus 70 years, creating near-perpetual monopolies.
- The Marrakesh Treaty enables the exchange of accessible-format books for visually impaired persons.
- AI development is hindered in many countries because web crawling and data mining are often deemed illegal under strict copyright regimes.
Exam Facts
- Statute of Anne (1710) is considered the first copyright law.
- India's current Copyright Act dates from 1957.
- The Marrakesh Treaty facilitates access to published works for persons who are blind or visually impaired.
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