Balancing Innovation and Copyright Laws: A Comparative Analysis of AI Training Regulations and Roadmap for Legislative Future of India

Abstract

The emergence of generative artificial intelligence has raised complex legal questions about the use of copyrighted content in training large language models (LLMs). While global attention often focuses on AI generated outputs, this paper shifts the lens to the training process itself, examining whether such use constitutes infringement under copyright law. Through a comparative study, the paper classifies jurisdictions into Pro Tech and Pro Law models. Pro Tech jurisdictions such as the United States, Japan, and Singapore permit text and data mining through statutory exceptions or expansive fair use doctrines. In contrast, Pro Law regimes, particularly within the European Union, prioritize licensing, transparency, and the protection of authorial rights. India, despite being a digital and AI hub, has yet to define its legal stance on AI training. The absence of clear statutory guidance creates a risk of unregulated appropriation of creative works, threatening both creators’ rights and the integrity of its innovation ecosystem. This paper urges swift legal reform. Drawing from international models, it proposes a balanced Indian framework comprising amendments to the Copyright Act, licensing pathways, transparency obligations, and a dedicated AI and IP regulator. India must act now to shape a copyright regime that enables responsible AI development while safeguarding its rich creative economy.