Comparative Context
AI Training and Copyright Litigation Abroad
Parallel disputes over AI training data have been contested in other jurisdictions under different legal standards, most notably the US "fair use" doctrine under 17 U.S.C. Section 107.
- The New York Times' suit against OpenAI and Microsoft (US, ongoing) and rulings in Bartz v. Anthropic and Kadrey v. Meta have examined whether training generative AI models on copyrighted text is a "transformative" fair use.
- The US four-factor fair use test weighs: purpose/character of use, nature of the copyrighted work, amount and substantiality used, and effect on the market for the original work — a broader, judicially balanced standard than India's enumerated fair-dealing purposes.
- India currently has no explicit statutory text-and-data-mining (TDM) exception, unlike the European Union's 2019 Copyright Directive (Articles 3 and 4), which carves out specific TDM exceptions for research and general purposes.
● Tracked since April 24, 2026 · last seen July 25, 2026 · updates as the daily brief publishes
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