Closing in on OpenAI: Media and Entertainment Groups in India Sue OpenAI for Copyright Infringement
In November 2024, news agency Asian News International (ANI) filed the first lawsuit in India against OpenAI, a U.S.-based artificial intelligence (AI) research company, for its unauthorized use of ANI content to train its AI chatbot ChatGPT.[1] Since then, other Indian news organizations as well as book publishers and music labels have taken similar legal action against the AI research company.[2]
ANI’s high-profile case involves several allegations surrounding OpenAI’s ChatGPT. First, ANI alleges that OpenAI “refused to obtain a lawful license or permission” to use its copyrighted content for ChatGPT training despite obtaining licensing agreements with other news organizations.[3] The news agency argues OpenAI has consequently benefited “unjustly” from its unauthorized use of ANI content to improve its AI chatbot.[4] In a separate statement, ANI also expressed concern about “unfair competition” as OpenAI pursues commercial partnerships with other news firms to distribute their content.[5] Second, ANI claims that ChatGPT has produced its copyrighted works verbatim or attributed fabricated stories to the news publication, harming ANI’s credibility and misleading the public.[6] The news agency seeks damages of 20 million Indian rupees (equivalent to USD 230,000) and a court order directing OpenAI to stop storing and using ANI content.[7]
In its responses, OpenAI asserts that it ceased using ANI’s works for AI model training in September 2024.[8] The company placed the news agency’s website on an internal block list after ANI first approached with concerns about the use of its content prior to filing its lawsuit.[9] OpenAI also argues that Indian courts have no jurisdiction as the company and its servers are based outside the country.[10] Further, OpenAI claims that any order requiring it to remove ChatGPT’s training data would violate its legal obligations in the United States.[11] In any case, the company’s spokesperson has maintained that OpenAI builds its “AI models using publicly available data, in a manner protected by fair use and related principles, and supported by long-standing and widely accepted legal precedents.”[12]
Following ANI’s lawsuit, Indian book publishers sued OpenAI in December 2024 for using their copyrighted work for AI training.[13] The Federation of Indian Publishers filed the suit on behalf of all its members regarding ChatGPT’s book summaries.[14] In an interview, the federation’s general secretary Pranav Gupta commented that members are concerned about the impact of AI book summaries on book sales and creativity.[15]
Additional news organizations took action against OpenAI as well earlier this year in January.[16] The Digital News Publishers Association, NDTV, Indian Express, and Hindustan Times filed their own lawsuit for copyright infringement, citing OpenAI’s “willful scraping” and “adaptation of content” for ChatGPT users.[17]
Likewise, Indian music labels joined in suing OpenAI for copyright infringement in February.[18] The Indian Music Industry—a trade body that represents over 100 companies in India’s recorded music industry—and record labels T-Series and Saregama India brought similar claims relating to the “unauthorized use of sound recordings” in AI model training.[19]
These cases are the first of their kind in India.[20] With their filing in the Delhi High Court, the highest appellate court in the national capital territory of Delhi has a landmark opportunity to establish the scope of copyright protections in the context of the development and use of AI technology.[21]
According to OpenAI’s chief executive officer Sam Altman, India is the second-largest market for the AI research company.[22] Despite the slew of pending legal challenges and history of efforts in India to regulate AI use, Altman remains optimistic about expanding the AI market in the country.[23] Just last year, the Government of India approved its IndiaAI Mission to “establish a comprehensive ecosystem catalyzing AI innovation through strategic programs and partnerships across the public and private sectors.”[24] Altman recently met with India’s Minister of Electronics and Information Technology Ashwini Vaishnaw as well as Indian entrepreneurs and investors to discuss OpenAI’s continued presence in the country and potential future collaboration.[25]
Footnotes
