New Delhi, Mar 19 (UNI) The Delhi High Court heard arguments in a copyright infringement case filed by news agency ANI against AI company OpenAI, alleging unauthorized use of its content to train ChatGPT.
OpenAI refuted the allegations, asserting that its use of ANI’s content was limited to search functions, distinct from training.
In November, OpenAI informed the court that it had already blocklisted ANI’s domain in October to prevent its chatbot from utilizing ANI’s news content.
Represented by senior advocate Amit Sibal, OpenAI submitted before a bench led by Justice Amit Bansal on Tuesday that using ANI’s content for search does not amount to infringement, as search results do not reproduce ANI’s material.
"The statement made before the high court in November says that the content is blocklisted for training purposes. However, when it comes to search, it is distinct from training. It doesn’t reproduce any headlines, nor does it violate the court’s order. Furthermore, news that is freely available does not enjoy copyright protection," argued Sibal.
ANI, represented by advocate Siddhant Kumar, asserted that OpenAI continues to scrape its content despite its undertaking to block ANI’s domain.
Kumar argued that OpenAI was extracting ANI’s content from subscribers’ websites to train its AI models, constituting a copyright violation.
"Even if ANI’s website is blocklisted, OpenAI continues to access the content from third parties who have licensed it from ANI. Licensing does not strip ANI of its copyright. OpenAI had assured the court that it would block ANI’s domain and refrain from using its content for training ChatGPT," Kumar submitted.
ANI demanded that OpenAI cease using its content and delete any stored material, contending that the AI firm trained its language model without a proper license, thereby commercially exploiting ANI’s work.
The case has attracted significant industry attention, with organizations such as the Indian Music Industry, the Federation of Indian Publishers, and the Digital News Publishers Association supporting ANI’s stance. The outcome is expected to influence copyright enforcement in the AI age and determine how news agencies can protect their work from unauthorized AI usage.
OpenAI has struck agreements with international publishers like News Corp and The Guardian to legally use their content but has no such arrangements in India.
In November, the Delhi High Court had issued summons to OpenAI but did not impose an immediate injunction on using ANI’s content after OpenAI assured the court of its self-imposed blocklist. The court also appointed amicus curiae to navigate the complex legal and technological issues involved.
During Tuesday’s hearing, ANI’s counsel argued that OpenAI could not invoke the fair use exception under Section 52 of the Copyright Act, which allows limited use of copyrighted material for criticism, news reporting, teaching, and research.
In its January reply, OpenAI sought dismissal of the lawsuit, contending that California courts hold exclusive jurisdiction over the matter.
On January 28, the Delhi High Court refused to rule on jurisdiction separately and decided to hear arguments on both jurisdiction and merits together.
The case will next be heard on March 28, 2025.
UNI SNG CS