India’s moment to restoring balance to copyright

India's Moment to Restoring Balance to Copyright

UPSC Prelims + Mains Study Note | GS-II / GS-III

1. At a Glance

• Copyright maximalism — the tendency of IP rights holders to lobby for ever-stronger, longer, and broader copyright protections — is increasingly viewed as hostile to access, education, AI innovation, and persons with disabilities. [S1][S3]
• India occupies a pivotal position: it is simultaneously a major content-consuming democracy, a software/AI-producing economy, and the first country to ratify the Marrakesh Treaty (2014). [S2]
• UPSC relevance: cuts across IP law, digital economy policy, disability rights, India-US/EU trade tensions, and Generative AI governance — a convergence topic for GS-II, GS-III, and Essay.
• The Copyright Act, 1957 (last substantively amended in 2012) is now under review by an 8-member expert committee under DPIIT to address AI-era gaps. [S4]

2. Why in the News

• February 19, 2026: Op-ed by Pranesh Prakash (tech law & policy consultant) in The Hindu argues India must use the India-AI Impact Summit 2026 (New Delhi) as a political moment to rebalance copyright law in favour of access, creativity, and AI development. [S1]
• DPIIT released a working paper (2025) identifying two critical policy gaps: (i) a text and data mining (TDM) licensing framework for AI training, and (ii) copyrightability of AI-generated content. [S4]
• Global trigger: EU AI Act and US court battles over generative AI training data have placed TDM exceptions at the centre of international copyright debate (2024–26).

3. Background & Evolution

4. Core Static Facts

The Copyright Act, 1957 - Administered by: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry. - Implementing body: Copyright Office (headed by Registrar of Copyrights). - Key sections: Section 13 (works protected), Section 14 (meaning of copyright), Section 52 (fair dealing / exceptions), Section 57 (moral rights). - Duration: Author's life + 60 years (literary, dramatic, musical, artistic works).

Marrakesh Treaty - Full name: Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. - Adopted: June 27, 2013 at Marrakesh, Morocco under WIPO auspices. [S3] - India: First ratifying country (June 24, 2014). [S2] - Entry into force: September 30, 2016. [S3] - Key mechanism: Mandates national copyright exceptions for production and cross-border exchange of accessible-format copies (DAISY, Braille, large print, audio) without rightsholder permission. - DAISY = Digital Accessible Information System — a digital talking book standard for persons with print disabilities. [S1]

WIPO Internet Treaties (India joined 2018) - WCT: WIPO Copyright Treaty. - WPPT: WIPO Performances and Phonograms Treaty. [S5]

AI-Copyright Policy (2025–26) - DPIIT working paper identifies: (i) TDM (Text and Data Mining) licensing framework for AI training datasets; (ii) copyrightability of AI-generated works. [S4] - India does not currently recognise transformative use as a fair dealing exception under Section 52 (unlike US "fair use" doctrine). [S4] - 8-member expert committee under DPIIT reviewing Copyright Act for AI-era reform. [S4]

5. Multi-Dimensional Analysis

Legal / Constitutional

• Section 52, Copyright Act: India's "fair dealing" provisions are exhaustive (closed list), unlike the US "fair use" standard (open, flexible). This rigidity creates barriers for AI training, text mining, and disability-access technologies. [S4]
• India's accession to TRIPS (1999) set minimum IP standards; TRIPS flexibilities (Article 13: three-step test) permit exceptions for special cases — India has under-utilised these. [S4]
• Marrakesh Treaty's Article 4 mandates domestic law exceptions for authorised entities to make accessible-format copies — India implemented this via 2012 Copyright Amendment (Section 52(1)(zb)). [S1][S2]

Economic

• India is a major AI development hub; TDM exceptions would allow Indian AI companies to train models on copyrighted datasets without prohibitive licensing costs, improving global competitiveness. [S4]
• Copyright maximalism driven by US/EU entertainment and publishing lobbies creates asymmetric trade pressure on developing nations like India to adopt stronger protections that benefit foreign rights holders disproportionately. [S1]
• India's creative economy — Bollywood, music, publishing — also has a stake in ensuring that AI-generated content does not crowd out human creators without compensation. [S4]

Social / Disability Rights

• Visually impaired persons globally face an "book famine": only ~7% of published books are available in accessible formats. [S1]
• Marrakesh Treaty directly addresses this gap; India's early ratification reflected a progressive access-over-exclusivity stance. [S2]
• The DAISY format case (article narrative) illustrates how copyright law, absent exceptions, can legally prevent persons with disabilities from accessing knowledge in formats they need. [S1]

Scientific / Technological

• Generative AI systems (LLMs, image generators) are trained on vast corpora of text/images — much of it copyrighted — raising TDM copyright liability questions. [S4]
• India's National Data Governance Framework and Digital India initiatives require a coherent IP environment to enable data-driven AI innovation. [S4]
• Absence of a TDM exception places Indian AI startups at a disadvantage relative to jurisdictions with clear safe harbours (e.g., Japan, EU's DSM Directive Article 4).

Geopolitical / Strategic

• India-US Trade Policy Forum and IPEF negotiations include IP chapters — US consistently pushes for stronger copyright protections benefiting its entertainment/tech exports.
• India has historically aligned with the Development Agenda at WIPO, opposing maximalist IP norms in alliance with Brazil, South Africa, and other developing nations.
• Being first to ratify Marrakesh gave India soft power and moral authority in international IP negotiations. [S2]

Ethical / Governance

• The article frames "copyright maximalism" as a governance failure: IP systems captured by incumbent industries at the expense of public access, education, and innovation. [S1]
• DPIIT's expert committee review signals a whole-of-government approach to balancing private IP rights against public interest — core administrative ethics question. [S4]

6. Recent Developments (last 12–18 months)

• Oct 2025: NEGD/government published paper "AI & Copyright in India: Bridging the Digital Divide" examining TDM and AI-generated content policy. [S4]
• 2025: DPIIT constituted 8-member expert committee to review Copyright Act, 1957 in light of Generative AI developments. [S4]
• Feb 19, 2026: The Hindu op-ed by Pranesh Prakash calls for India to leverage India-AI Impact Summit 2026 to champion a balanced, access-friendly copyright regime internationally. [S1]
• 2025–26: Global context — US court rulings on AI training data (e.g., Getty Images v. Stability AI), EU AI Act implementation, all increasing pressure on India to clarify its TDM legal position. [S4]

7. Prelims Hooks

1. India was the first country to ratify the Marrakesh Treaty — on June 24, 2014. [S2]
2. The Marrakesh Treaty was adopted on June 27, 2013, under the auspices of WIPO, and entered into force on September 30, 2016. [S3]
3. DAISY stands for Digital Accessible Information System — a format for accessible books for the visually impaired. [S1]
4. India's copyright "fair dealing" exceptions are listed under Section 52 of the Copyright Act, 1957 — an exhaustive (closed) list, not an open "fair use" standard. [S4]
5. India's Copyright Act was enacted in 1957 and last substantially amended in 2012. [S4]
6. The Copyright Office in India is headed by the Registrar of Copyrights under DPIIT, Ministry of Commerce & Industry.
7. India joined the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) — collectively "Internet Treaties" — in 2018. [S5]
8. The TRIPS Agreement (WTO) was aligned with India's Copyright Act via the 1999 amendment. [S4]
9. Copyright duration in India for literary/dramatic/musical works: author's lifetime + 60 years.
10. Text and Data Mining (TDM) licensing for AI training is a key gap identified in DPIIT's 2025 working paper on copyright reform. [S4]
11. Marrakesh Treaty is sometimes called the "right to read" treaty — it establishes a minimum exception for accessible-format reproductions. [S1]
12. India does not currently recognise transformative use as a copyright exception under Section 52. [S4]
13. The three-step test under TRIPS Article 13 is the international benchmark permitting copyright exceptions for "special cases." [S4]

8. Mains Relevance

GS Paper Mapping: | GS Paper | Syllabus Heading | |---|---| | GS-II | Government policies and interventions; India and WTO/WIPO multilateral bodies; Rights of persons with disabilities | | GS-III | Intellectual Property Rights; Digital Economy; Challenges of Generative AI governance; Technology and innovation policy | | Essay | Access vs. exclusivity; knowledge as global commons |

Plausible Mains Questions: 1. "India's first-mover advantage in ratifying the Marrakesh Treaty reflects its traditional stance on balancing IP rights with public access. Critically evaluate whether India's Copyright Act, 1957 remains adequate for the age of Generative AI." (GS-III) 2. "Copyright maximalism poses a structural challenge to India's digital economy ambitions and its commitments to an inclusive knowledge society. Discuss with reference to recent policy developments." (GS-II/III) 3. "Examine how India can use its position in international IP negotiations (WIPO, TRIPS, IPEF) to champion a 'development-friendly' copyright framework." (GS-II)

9. Related Topics to Study Next

10. Common Errors / Trap Areas

1. Wrong ministry: Copyright in India is under DPIIT (Commerce Ministry) — not Ministry of Culture or MeitY (which handles digital/cyber law separately). Aspirants often confuse MeitY's jurisdiction.
2. Marrakesh Treaty ratification order: India was the first to ratify (2014) — not the first to sign. The treaty was adopted in 2013 but entered into force in 2016 — three distinct dates to keep separate.
3. Fair use ≠ Fair dealing: India follows fair dealing (Section 52 — closed, exhaustive list). The US follows fair use (open, four-factor test). These are NOT interchangeable; a common trap in MCQs and short-answer questions.
4. DPIIT vs. Copyright Office: The Copyright Office administers registrations; DPIIT sets policy and oversees legislative reform. Both are under Ministry of Commerce — but their functions differ.
5. 2012 vs. 1957 as "base year": The Copyright Act is from 1957; the 2012 amendment is the most recent substantive revision. Do not cite 2012 as the year of enactment.

11. Sources

• [S1] "India's moment to restoring balance to copyright" — The Hindu, February 19, 2026 (Article excerpt, primary source) — https://www.thehindu.com/todays-paper/2026-02-19/th_international/articleG9SFJUBAL-13571890.ece — (Tier 4)
• [S2] "India Is First to Ratify Marrakesh Treaty" — WIPO eTISC — https://etisc.wipo.int/news/india-first-ratify-marrakesh-treaty-easing-access-books-persons-who-are-visually-impaired — (Tier 2)
• [S3] "Marrakesh Treaty" — WIPO Official Page — https://www.wipo.int/en/web/marrakesh-treaty — (Tier 2)
• [S4] "AI & Copyright in India: Bridging the Digital Divide" — NEGD/Government of India, October 2025 — https://negd.gov.in/wp-content/uploads/2025/10/Astha-Ojha-AI-Copyright-in-India-Bridging-the-Digital-Divide.pdf — (Tier 1)
• [S5] "WIPO 2018 Assemblies Treaty Action" — WIPO Press Room — https://www.wipo.int/pressroom/en/news/2018/news_0006.html — (Tier 2)