Consent of the AI-governed: Indian film studios push for copyright protections

Hollywood and Bollywood film studios are lobbying an Indian government panel to establish stricter copyright protections that would prevent AI companies from using their content to train AI models without proper licensing. The push comes as India reviews whether its current copyright laws are adequate for addressing AI-related intellectual property disputes, with the film industry arguing that blanket training exceptions could undermine creative incentives and revenue streams.

What you should know: India’s government formed a panel this year to examine whether existing copyright law sufficiently addresses AI-related disputes and make recommendations for potential changes.

• The panel consists of lawyers, government officials, and industry executives who are reviewing if current laws need updates for the AI era.
• India’s current copyright law does not specifically account for use by AI systems.
• The panel is finalizing its recommendations to present to senior officials in the coming weeks.

The big picture: Global tensions between AI companies and content creators are intensifying as governments develop regulations for AI technology, with different countries taking varying approaches.

• Japan provides broad exemptions allowing AI firms to use copyrighted content for training.
• The European Union has stricter rules that allow content owners to opt out of AI training use.
• The movie industry is particularly concerned about AI tools scraping copyrighted videos, images, and clips online, including trailers and promotional content.

What the film industry is saying: Major entertainment groups are advocating for licensing requirements rather than broad AI training exemptions.

• Motion Picture Association India Managing Director Uday Singh warned in an August 2 letter that blanket training exceptions could “undermine the incentive to create new works and erode copyright protection in India.”
• Producers Guild of India CEO Nitin Tej Ahuja told the panel that “licensing copyrighted works is essential for creators’ revenue and business sustainability.”
• The Motion Picture Association, which represents Warner Bros, Paramount and Netflix, argued that opt-out systems would burden movie studios by forcing them to individually track and block sharing of their work across numerous AI platforms.

Why this matters: India operates one of the world’s most vibrant film industries, generating significant economic value that stakeholders want to protect.

• A Deloitte-Motion Picture Association study found India’s film, TV, and online content industry generated $13.1 billion in revenues last year.
• The industry has been growing 18% annually since 2019.
• The deliberations coincide with a Bollywood couple challenging YouTube’s AI policies in court after manipulated videos of them began spreading online.

The opposition: Tech industry groups are pushing for AI training exceptions to support innovation and development.

• The Business Software Alliance, representing AI firms like OpenAI, argued in July submissions that India should ensure exceptions to permit lawful AI use.
• These companies contend that training exceptions would help bolster AI innovation in India.

Recent legal developments: The copyright dispute extends beyond India, with major studios taking legal action against AI companies globally.

• In September, Warner sued AI service Midjourney in Los Angeles, alleging it “brazenly stole” the studio’s works to generate images and videos of Batman, Superman, Bugs Bunny, and other copyrighted characters.
• Midjourney maintains that its AI model training constitutes fair use under copyright law.