14/08/2026
The DPIIT Intellectual Property Rights Chair, NLSIU, is organising a panel discussion on "How to fairly train LLMs? Unpacking ANI v. OpenAI." The discussion will take place on Monday, 17 August 2026, from 2 PM to 3.30 PM at the Allen & Overy Hall, Training Centre, NLSIU.
Among the concerns regarding Artificial Intelligence, a crucial question that arises is the use of copyrighted materials used to train Large Language Models (LLMs). In the recent case of ANI Media (P) Ltd. v. OpenAI OPCO LLC [CS(COMM) 1028/2024, decided on 24-07-2026], the Delhi High Court declined an interim injunction, holding that OpenAI's use of ANI's copyrighted works for training ChatGPT does not prima facie constitute copyright infringement. The Court ruled that such training falls within the scope of fair dealing for 'private or personal use, including research' under Section 52(1)(a) of the Copyright Act, 1957. Applying both the 'Purpose Test' and the 'Fairness Test', the Court concluded that commercial use does not negate Section 52(1)(a), while emphasising the significant public interest in AI development and technological innovation. The Court recognised Section 52 as embodying affirmative user rights. Although an interim order, its jurisprudential impact on AI model training in India carries substantial consequences.
This panel will engage with the larger question of fair dealing of copyrighted works for training LLMs, with a specific focus on ANI Media (P) Ltd. v. OpenAI OPCO LLC.
