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ARTICLE · 20 FEBRUARY 2025

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Training AI Models: Intersection Between AI And Copyright

Remfry & Sagar
Remfry & Sagar
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Remfry & Sagar

Established in 1827, Remfry & Sagar has pioneered IP law in India. The firm’s depth of experience...

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The rapid advancement of Artificial Intelligence (AI) presents a significant legal and ethical challenge inter alia the intersection between AI and Copyright.

IndiaIntellectual Property
Vanshika Mittal
Vanshika Mittal

Introduction

The rapid advancement of Artificial Intelligence (AI) presents a significant legal and ethical challenge inter alia the intersection between AI and Copyright. Generative AI (Gen AI) models are 'self-learning tools' which digest material and produce new content based on training data comprising extensive datasets of text, images, and video. Large Language Models (LLMs), such as ChatGPT are a specific type of Gen AI that specialize in understanding and generating human-like text through natural language processing (NLP). These models produce content ('output') in response to user prompts ('input'). There is generally no concern if the LLMs are trained on publicly available sources, i.e., creative material that is not protected by intellectual property laws. However, the problem arises when such data used for training includes copyrighted data. Since AI models may 'learn' on the copyrighted data, there is an inherent risk that the output produced by these

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