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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Public Health
Right to Health of Children Belonging to Particul...
Madhurima Sengupta
Public Health8 min
Cyber Law/Contract Law
The Intersection of Machine Learning and Indian C...
Aditi. N. V
Cyber Law/Contract Law8 min
Constitutional Law
Whether the Right to Know Come Under the Scope of...
Nikhil Kumar
Constitutional Law8 min
Technology Law
Copyright Infringement in the Digital Age: Emergi...
Nidhi Kumari
Technology Law8 min
Corporate Law
Independent in Law, Dependent in Practice: Examin...
Vatsal Sutaria
Corporate Law8 min
Environmental Law
Can Nature Be a Legal Person: Perspectives on Rig...
Vishnu Yadav
Environmental Law8 min
International Trade Law
Non-Discrimination in International Trademark Pro...
Abishek Jeba Marshal J
International Trade Law8 min
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Digital Due Process and the Right to Explanation

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November 2026

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Cyber Law/Contract Law

The Intersection of Machine Learning and Indian Copyright Jurisprudence: The Case for a Dedicated Artificial Intelligence Content Statute

The exponential rise of generative artificial intelligence (AI) has profoundly disrupted established legal doctrines surrounding intellectual property, posing complex challenges for global copyright regimes. In the Indian context, the interaction between generative models and the Copyright Act of 1957 has introduced deep regulatory uncertainties, particularly regarding uncompensated web-scraping for algorithmic training and the ambiguous legal standing of machine-authored content. Although India has built a robust framework for digital governance and technological scaling, its current statutory protections remain heavily skewed toward network security and data privacy, leaving intellectual property safeguards severely neglected. This paper provides a granular evaluation of how AI models strain existing Indian copyright laws and explains why iterative, piecemeal statutory revisions are fundamentally insufficient. To address these systemic gaps, this research advocates for a standalone legislative enactment specifically engineered to handle content regulations at the intersection of AI and copyright. By introducing mandatory dataset logging, creating a distinct legal tier for synthetic works, and optimizing automated text and data mining (TDM) licensing models, this proposed framework balances the rights of human creators with the societal need for computational innovation.

Aditi. N. V & Debasree Ghosh
8 min 4
Technology Law

Copyright Infringement in the Digital Age: Emerging Challenges and Legal Solutions

The digital revolution has fundamentally transformed the creation, reproduction, dissemination and consumption of copyrighted works. The Internet, social-media platforms, streaming services, cloud computing, peer-to-peer networks and artificial intelligence have created unprecedented opportunities for authors, artists, performers, publishers and other copyright owners to communicate their works to global audiences. Simultaneously, the same technological infrastructure has enabled copyrighted material to be reproduced, modified and disseminated instantaneously, inexpensively and across national borders without authorization. Consequently, copyright infringement in the digital environment presents challenges that are qualitatively and quantitatively different from conventional physical piracy. The present research examines the changing nature of copyright infringement in the digital age with particular emphasis on the Indian legal framework. It analyses the Copyright Act, 1957, especially the changes introduced by the Copyright (Amendment) Act, 2012, and examines the interaction between copyright protection, technological protection measures, intermediary liability and digital enforcement. The study further considers the international framework established through the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Particular attention is devoted to online piracy, peer-to-peer networks, illegal streaming, rogue websites, social-media infringement, digital rights management, notice-and-takedown mechanisms, intermediary responsibility, jurisdictional problems and dynamic injunctions. The paper also examines emerging copyright questions arising from generative artificial intelligence, including the use of copyrighted works for AI training, the legal status of AI-generated outputs and the continuing relevance of human authorship. The study argues that conventional copyright principles remain legally relevant but traditional enforcement mechanisms are inadequate when applied in isolation to instantaneous, decentralized and transnational infringement. Effective digital copyright governance requires a coordinated combination of proportionate legal remedies, technological measures, responsible intermediary participation, accessible licensing mechanisms, international cooperation and adequate safeguards for fair dealing and other legitimate uses.

Nidhi Kumari
8 min 14

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