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25 Jul 2026POLITY3 questions

Fair Dealing for Machines: The Delhi High Court's First Reading of AI Training Under Copyright Law

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Article summary

The Delhi High Court has declined to restrain OpenAI in the copyright suit brought by the news agency ANI, holding that the use of copyrighted content to train a generative AI model does not, at the interim stage, constitute infringement. Justice Amit Bansal observed that OpenAI's storage and use of ANI's literary works to train its large language model falls within fair dealing under Section 52(1)(a) of the Copyright Act, 1957, and that ANI had failed to establish a prima facie case that ChatGPT reproduced or retrieved its original works in its outputs. It is the first detailed attempt by an Indian court to locate AI training within the Copyright Act. The order came days after Anthropic's roughly 1.5 billion dollar settlement in a United States authors' class action, producing a striking contrast: on the same underlying question of training AI on copyrighted material, an Indian court declined interim relief while a US case resolved through a large payment.

What this tests

recallTests whether you read the article and retained key facts.
1Q
applicationTests whether you can apply the concept to a new scenario.
1Q
analysisTests whether you can reason across multiple related facts.
1Q

Sample questions — answers revealed after test

POLITYRecallEasy

Q1. The 'fair dealing' provision under Section 52 of the Copyright Act, 1957, which the Delhi High Court applied, is best described as which of the following?

AAn open-ended standard under which a court weighs several factors to decide whether any use is permissible.
BA closed list of enumerated purposes — such as research, private use, criticism and review — for which use of a work does not infringe copyright.
CA mechanism requiring payment of a statutory royalty for any permitted use.
DA doctrine that transfers copyright ownership to the user after a fixed period.
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POLITYApplicationMedium

Q2. The court separated the question of training an AI model on works from the question of whether the model reproduced those works in its outputs. Why is this distinction analytically important?

ABecause reproduction in outputs is always lawful, so only training can ever infringe.
BBecause training ingests works to learn patterns, whereas reproducing a protected work in an output is a distinct and more clearly infringing act, so the two must be assessed separately.
CBecause a model that is trained on a work can never reproduce it.
DBecause the distinction determines which court has territorial jurisdiction.
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POLITYAnalysisHard

Q3. Consider the following statements about the Delhi High Court's order: 1. It was an interim order refusing to restrain OpenAI, not a final decision of the suit. 2. The difference in outcome from the United States, where a similar dispute was settled for a large sum, reflects the structural difference between a closed fair dealing list and an open fair use standard. 3. Because the court refused interim relief, it has conclusively held that training AI on copyrighted works is lawful in India. Which of the statements given above are correct?

A1 and 2 only
B1 only
C2 and 3 only
D1, 2 and 3
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