The Aakhya Weekly #136 | Artificial Ingenuity or Intellectual Theft? The Great AI Debate
In Focus: Setting AI Fair-use Boundaries For Art
by Shaurya Singh Tyagi
Image Source: FMT
Just as the human brain seeks to recognise patterns and make predictions based on past, present, and future experiences, Artificial Intelligence (AI) models are designed to do the same—only at a much faster rate. By processing vast amounts of data, AI can identify patterns, generate insights, and optimise outcomes with remarkable speed and accuracy. Like humans, AI models go through multiple iterations of trial and error to refine their predictions and improve performance. However, AI accomplishes this process hundreds of times faster than the human brain, making it an invaluable tool for businesses and organisations looking to streamline operations.
When combined with automation tools, AI can handle repetitive tasks with exceptional efficiency, freeing up human resources for more strategic initiatives. From enhancing customer service to optimizing marketing strategies, AI-driven automation enables businesses to operate more smoothly and effectively, driving better results with minimal effort. However, the influence of AI extends far beyond the corporate sector. Artificial Intelligence is becoming an increasingly integral part of everyday life. Whether it’s asking ChatGPT for the best way to cook eggs or using Perplexity AI to gather research for a college essay, people are relying on AI more than ever. While AI offers convenience and quick access to information, it has not yet reached a point where it can fully replace human expertise, at least, in most aspects of daily life.
One area where AI has made significant strides is in artistic expression. AI has demonstrated an uncanny ability to mimic human creativity. A striking example of this is a Dutch engineering team that trained an AI model on the works of Rembrandt van Rijn. The result? A piece so eerily similar to Rembrandt’s original style that it could easily be mistaken for his work, despite being created over 300 years after his time. This raises an important question: If an AI-generated piece closely resembles an artist’s work, is it protected under copyright law? In Rembrandt’s case, his art is long past the point of copyright protection, meaning the Dutch team faced no legal issues. But what happens when AI models, trained on vast amounts of data including copyrighted works, produce art that mirrors the style of contemporary creators? As AI continues to evolve, the legal and ethical implications of its role in creative fields become increasingly complex.
One might expect humans to support the artistic rights of fellow living, breathing creators, but the UK Parliament seems to think otherwise. The proposed Data (Use and Access) Bill appears to give AI companies free rein to use all creative works—past, present, and future—whether copyrighted or not, without charge and the consent of the original artists. In response to concerns, the government has suggested an opt-in/opt-out system. But this raises a crucial question: How can artists even know if their work is being swept into the vast datasets used to train AI models? Without transparency in the process, opting out becomes nearly impossible, leaving many artists vulnerable to having their creations used without their knowledge or permission.
In the past, artists and creators primarily had to worry about others stealing their work. While frustrating, copyright laws provided them with a level of protection. However, with the rise of AI models and legislation such as the recent Data (Use and Access) Bill, the lines have become increasingly blurred. How is it fair for artists, who pour their heart and soul into their work, to have their creations instantaneously replicated by AI models trained on their past efforts? The simple answer: it isn’t. For many, it’s not just about stolen effort, it’s about their livelihoods being put at risk. For example, Karla Ortiz, an illustrator based in San Francisco. She discovered that her artwork was being used in Stable Diffusion AI’s datasets, allowing the AI to mimic her style without her consent. For illustrators, this is devastating. Years of practice and skill-building can be undermined in an instant by an AI capable of generating art nearly indistinguishable from their own. Beyond the financial impact, there are serious concerns about privacy and data protection. Many artists view their work as an extension of their identity, something deeply personal. Allowing AI companies to train models on their art without consent isn’t just unethical, it’s an invasion of privacy.
AI Copyright Infringement in the Indian Context
While countries like the US and UK have established legislation addressing AI copyright infringement due to their deeper integration of AI systems into daily life, India is still in the early stages of developing a legal framework for AI regulation. Currently, there are no specific laws governing AI models or the use of artists’ works for training, presenting both advantages and disadvantages for the country. On one hand, this legal gap makes Indian content vulnerable to unrestricted use by AI companies. A recent lawsuit filed against OpenAI by Indian and global news organisations—including The Indian Express, Hindustan Times, Reuters, and ANI—alleged that the company scraped, copied, and adapted their content for training its models. OpenAI, however, argued that since its servers are located abroad, the matter falls under US copyright law and is beyond the jurisdiction of Indian courts. While this poses a significant challenge in a creativity-driven country like India, there is also a silver lining.
The absence of an outdated legal framework allows India to craft new AI legislation from the ground up, one that balances the rights of artists and the interests of AI companies. Unlike countries that must amend long-standing laws to accommodate rapid technological advancements, India has the opportunity to develop a forward-thinking legal structure that fosters coexistence between human creativity and AI innovation. By implementing clear policies that address data usage, transparency, and fair compensation, India can position itself as a leader in ethical AI regulation.
Recommendations for India
The Indian government must take decisive action to ensure that the rights of artists and content creators are protected while still allowing AI innovation to thrive. Here are key recommendations to achieve this balance:
Define AI-generated vs. Human-Created Work - Establish clear distinctions between human-created art and AI-generated content. This classification will help ensure that AI-produced work does not unfairly compete with original human artistry.
Implement Transparent Data Usage Policies - AI companies must be required to disclose the datasets used to train their models. Transparency will allow artists to verify if their work is being used and to take action if necessary.
Introduce Licensing and Compensation Models - AI companies should be mandated to obtain licenses and pay royalties to artists whose works contribute to training datasets. This will create a fairer ecosystem where human creators are compensated for their contributions.
Establish an Opt-In/Opt-Out System with Proper Oversight - Instead of an ambiguous opt-in/opt-out system, the government should create a regulated process where artists can explicitly grant or deny permission to use their work
Create Legal Recourse for Affected Artists - A dedicated legal framework that establishes liability should allow artists to challenge AI companies in court if their work is used without consent.
By tackling these issues head-on, India can sidestep the tech tripwires that have tripped up other nations, all while setting the gold standard for ethical AI. A smart legal framework will safeguard creatives without putting AI innovation in a straitjacket, ensuring that technology remains a force for progress, not a loophole for exploitation.
Top Stories of the Week
Advantage Assam: India’s New Hub for Economic Growth and Global Investment
Experts stress the need for a balance between domestic capabilities and international outreach for any foreign policy to be effective. India’s global rise has been fueled by its economic strength, with western and southern states like Gujarat, Maharashtra, Telangana, and Andhra Pradesh leading in investment and exports. However, despite its strategic proximity to Southeast Asia, the Northeast has long been overlooked for economic opportunities.
At a time when the world gathered in Uttar Pradesh for the Mahakumbh’s spiritual conclusion, Assam took centre stage with the second edition of Advantage Assam, highlighting its growing economic significance. Inaugurated by Prime Minister Narendra Modi, the event saw participation from 67 heads of missions, 76 countries, and top corporations like Reliance, Adani, Vedanta, Tata, and Jindal, with ₹1.25 lakh crore in investment commitments and ₹78,000 crore allocated for infrastructure. This momentum is especially crucial as India aims to become a leader in end-to-end electronics manufacturing, with Assam hosting a semiconductor fabrication plant. These investments will drive economic growth, create jobs, and strengthen the Northeast’s role in India's Act East policy, positioning Assam as a hub for economic diplomacy and regional trade expansion.
Govt Announces a Universal Pension Policy
The Government is actively formulating a Universal Pension Scheme (UPS) to ensure comprehensive social security for all citizens. This initiative seeks to provide financial stability to individuals post-retirement, regardless of their occupational status. The policy framework’s design focuses on inclusivity, covering unorganised sector workers, self-employed individuals, and those currently outside formal pension schemes.
The proposed scheme will consolidate and streamline existing pension programs under a unified regulatory authority, ensuring transparent governance and efficient fund management. The Centre is considering a contributory model, with government co-funding for economically weaker sections, and a voluntary enrolment mechanism for others. Implementation strategies will focus on digital integration for seamless registration, contribution tracking, and fund disbursal. Policy measures will include periodic inflation-linked pension adjustments and a robust grievance redressal mechanism to ensure accountability. This initiative aligns with the government’s vision of financial inclusion and social justice, creating a sustainable pension system that guarantees economic security for all citizens post-retirement.
A Few Good Reads
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Amita Batra states that India needs to systematically diversify export markets and align tariffs with comparable Asian economies.
Check out Paul Triolo’s Paris AI Action Summit readout here.
Andy Mukherjee writes that India’s EV race with China may depend on high-speed trains.