Copyright

Part 2: Copyright is the Wrong Answer

/ By / Copyright

Continuing the discussion on why copyright is ill-equipped to address labour displacement caused by GenAI, Part II of Akshat’s post moves beyond copyright to explore alternative frameworks for engaging with the underlying concerns. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha and Talha Syed for ideas, and for “The Work of Copyright in the […]

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Part 1: Copyright is the Wrong Answer

/ By / Copyright

Against the backdrop of DPIIT’s Working Paper on AI and Copyright, Akshat argues that both the paper’s proposed framework and a broader turn to copyright are ill-suited to address labour displacement caused by GenAI and risk harming the very creators they claim to safeguard. Akshat is the founder and counsel at AASA Law Chambers. He is currently a PhD candidate at the University of Cambridge. He would like to add the following acknowledgements and disclaimer- “Credit to Profs. Oren Bracha

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Public Domain Day 2026: What the Entry of Classic Works means for Copyright Law and Creative Freedom

/ By / Copyright

Public Domain Day (January 1st) offers a moment to reflect on the true purpose of copyright law release, not perpetual control. Discussing the importance of this momentous day, Sminal Badge examines India’s neglected public domain, tracing how institutional gaps and private gatekeeping undermine access, creativity, education, and emerging AI innovation, and why treating the public domain as a functional legal resource is now imperative. Sminal is a 4th Year Student from Maharashtra National Law University, Mumbai. He has a keen

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When Stature Becomes Substance: Judicial Deference and Moral Rights in the Ilaiyaraaja Injunction

/ By / Copyright

The bigger the stardom, the likelier an injunction. Discussing the role of stardom, fame, and eminence in moral rights jurisprudence and adjudication, Arshiya Gupta argues that fame and stature are good indicators of how seriously Courts treat your moral right claims, thus implicitly creating a hierarchy of claims. Arshiya is a third-year law student at National Law University, Delhi, with a keen inclination towards PIL, IPR, and criminal law. Image from here When Stature Becomes Substance: Judicial Deference and Moral

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SpicyIP Weekly Review (December 29 – January 4)

/ By / Copyright, Others, Patent, Trademark

Starting 2026 with India’s top IP developments of 2025! 3 new posts for our readers, criticising the DPIIT AI-Copyright Working Paper. A post on the SHANTI Act, the possibility of getting patents for peaceful uses of nuclear energy. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week A Look Back at India’s Top IP Developments of 2025  What a year it

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[SpicyIP Tidbit] TellyTorrents Movie Piracy Case—A Tale of Evidence Missing in Action

/ By / Copyright

Last month, the TorrentFreak team (by the way, a great source for copyright and piracy news reporting!) reached out to us regarding a criminal copyright decision in State of M.P. v. Priyank & Ors. from Judicial Magistrate of First Class(JMFC), Jabalpur (Madhya Pradesh). A big thanks to them for bringing this acquittal decision to our attention which seems to have missed all radars in India. The case had been going on for a decade and involved the popular torrent site

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One Nation, Forced Licenses, Multiple Payments: (Un)Balancing AI Innovation & Copyright

/ By / Copyright

Adding to the steady stream of critiques on the DPIIT Working Paper on the interface of Copyright and AI, my post focuses on the proposed statutory recommendations, specifically, on how the proposal seeks to create new legal rights with no analysis of the corresponding duties and liabilities that will be triggered. In February, 2024 the Ministry of Commerce & Industry was sure that the existing IPR regime was well-equipped to protect AI generated works. Generative AI (GenAI) developers would need

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Copyright Maximalism by Design? Rethinking DPIIT’s Licensing Centric Approach to AI Training

/ By / Copyright

Critiquing Part – I of the DPIIT committee working paper on the “intersection between Artificial Intelligence and Copyright” for copyright maximalism, Vishno Sudheendra discusses, in this entry for the SpicyIP–jhana Blogpost Writing Competition, the viability of a fair sharing arrangement as a solution to the structural and diffuse impact of GenAI on the creative industries. He strongly argues that the solutions for structural problems posed by GenAI do not lie in copyright law but outside of it. Vishno is also

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A Look Back at India’s Top IP Developments of 2025

/ By / Competition Law, Copyright, Data Exclusivity, Design, Drug Regulation, Geographical Indication, Innovation, Patent, Plant Variety Protection, Podcast, Trade Secret, Trademark

[This post is completely human authored 🙂 These humans include – Praharsh Gour, Vasundra Koul, Arshiya Gupta, and Vikram Raj Nanda. Selection and Supervision by- Praharsh Gour, Swaraj Paul Barooah, and Bharathwaj RamakrishnanResearch Inputs from Yohann Titus Mathew, Riddhi Yogesh Bhutada, Ayush Shetty, Sumit Kumar Singh, Shailraj Jhalnia, Himanshu Mishra, Bhavya Gupta, Aali Jaiswal, Anushka Kanabar, Srishti Gaur, Arshya Wadhwa, and Daanish Naithani.] 2025 was quite an eventful year. On the judicial side, we saw a variety of novel developments, such

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One Nation, One License, One Big Shortcut: Doctrinal Stagnation in the DPIIT AI Working Paper

/ By / Copyright

Swaraj, in his detailed blog post criticizing the DPIIT AI Working Paper, had highlighted the absence of a strong jurisprudential basis in the Working Paper’s proposals and the supporting reasoning. Building on this missing link of jurisprudential rigour, Shivam Kaushik looks at Kant’s distinction between noumena and phenomena to critique the DPIIT Committee’s approach and the Working Paper’s methodology. Shivam is a practicing lawyer based in Delhi. His interest lies in legal issues posed by emerging technologies. One Nation, One

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