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ARTICLE · 12 AUGUST 2026

AI Training Gets A ‘fair Dealing’ Boost In India — With A Canadian Assist

Osler, Hoskin & Harcourt LLP
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The Delhi High Court has issued a preliminary ruling on whether AI training on copyrighted content constitutes infringement, distinguishing between the ingestion of works for model training and the generation of outputs. The decision addresses jurisdictional questions, fair dealing analysis, and the technical architecture of AI systems, offering guidance on how courts may evaluate copyright claims against large language models. While significant, this interlocutory ruling leaves several legal questions unre

CanadaIntellectual Property
Matthew J. Diskin
Matthew J. Diskin
Michael Fekete
Michael Fekete
Sam Ip
Sam Ip
Barry Fong
Barry Fong
Mat Brechtel
Mat Brechtel
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Key takeaways

  • The Delhi High Court ruled that temporary storage of copyrighted content for AI training may qualify as fair dealing, but outputs must be evaluated separately for infringement.
  • The decision highlights the need for AI developers to document content ingestion practices clearly.
  • While the ruling is significant, it is only a preliminary injunction, leaving several legal questions about copyright and AI usage open for future trials.

AI developers have been waiting for courts to draw a workable line between learning from copyrighted content and reproducing it. The Delhi High Court has now offered a preliminary answer.

In ANI Media Pvt. Ltd. v. Open AI OPCO LLC, the Court declined to grant an interim injunction over the training and outputs of the large language models underlying ChatGPT. Its prima facie conclusion was that temporary storage of news articles for training may qualify as fair dealing for private or personal use, including research, while outputs must

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