Delhi HC issues notice to OpenAI in ANI copyright infringement case

New Delhi: The Delhi High Court has issued a notice to OpenAI, the creators of the AI chatbot ChatGPT, following a copyright infringement lawsuit filed by the news agency, Asian News International (ANI). 

The case, which marks the first such action by an Indian media entity against an AI company, centres on allegations that OpenAI has been using ANI's copyrighted content without permission to train its AI models.

This development has gained significance as I&B Minister Ashwini Vaishnaw recently highlighted the ethical and economic challenges AI poses to intellectual property rights. Speaking on National Press Day, he emphasised the need to protect creators whose work is used to train AI models, questioning whether they are adequately compensated or recognised. “This is not just an economic issue; it is an ethical issue too,” he stated.

According to the news reports, ANI's legal team, represented by advocate Sidhant Kumar, argued that the chatbot has not only utilised their content for training purposes but has also reproduced ANI's news verbatim in response to user queries, thereby infringing on their copyright. Additionally, ANI has accused ChatGPT of attributing fabricated news stories to them, further complicating the matter with issues of misinformation.

OpenAI, in response, has emphasised its commitment to respecting content rights, noting that they have mechanisms in place to limit the use of such data. They have also mentioned blocking ANI's website to prevent content misuse, although ANI's counsel contends this does not address the broader issue of content usage across other platforms.

The court, recognising the complexity and the broader implications of this case, has appointed an Amicus Curiae and set the next hearing for January 28, 2025. 

This lawsuit could set a precedent for how AI companies handle content usage in the future, especially in relation to copyrighted materials from news agencies.

In the past, even The New York Times has sued OpenAI and Perplexity, seeking billions in damages for the unauthorised use of its content. 

Similarly, News Corp, the parent company of major media outlets such as The Wall Street Journal and the New York Post, has filed a lawsuit against Perplexity for allegedly infringing on copyrighted content. 

Most recently, the Digital News Publishers Association (DNPA) stated that AI tools like ChatGPT and Gemini are reshaping the media landscape by acting as surrogate news sources, often reflecting Western interpretations of Indian realities. It wrote that these filtered narratives risk distorting critical socio-political contexts and undermining authentic Indian perspectives. It also said that the rise of AI-generated content challenges FDI rules meant to safeguard Indian media, threatening the local information ecosystem. Digital news platforms are urging the government to introduce regulations for fair revenue sharing with publishers and to protect against disruptions caused by AI-driven platforms, it wrote.