Since the launch of large language models(‘LLMs’), there have been debates regarding the legality of use of publicly available copyrighted works for training of LLM models. In a significant recent development, the Delhi High Court(‘Court’) has settled that debate by holding that use and storage of copyrighted works for training of LLMs do not, in the circumstances of the case, constitute copyright infringement and qualifies as ‘fair dealing’1.
Background of the Case:
A suit was filed by ANI Media Pvt. Ltd. (‘ANI’), a news agency, against OpenAI Opco LLC (‘OpenAI’) under the Copyright Act, 1957 (‘Act’) seeking injunction against OpenAI’s use and storage of ANI’s copyrighted works (i.e., news articles, interviews etc.) for training its LLMs and generating responses through its AI chatbot ChatGPT.
