The Three Judgments That Matter for AI and Copyright
This paper argues that Indian copyright doctrine locates the limit on copyright within Section 14 itself, holding that transformative uses producing works of fundamentally different character do not infringe reproduction or adaptation rights, making Section 52 irrelevant. The paper shows that Indian law excludes transformation from infringement, unlike US law which treats transformation as infringement justified, if at all, by fair use. Applying this to AI, the paper argues that training a model is not infringement because it creates a statistical system, not copies or adaptations of protected expression.
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