India – Delhi High Court Examines Fair Dealing In Generative AI Training And Copyright Protection.

The Court therefore considered whether the responses resulted from memorised training data or from live retrieval through RAG. Issues Before the CourtThe Court considered four issues:Whether storing ANI’s data for training ChatGPT was copyright infringement. Whether OpenAI’s use of ANI’s material was eligible as fair dealing under Section 52 of the Copyright Act. This meant those articles could not have been part of the training data, so they could not show memorisation or repetition. By contrast, an injunction requiring deletion of training material or restricting model operation could materially affect OpenAI’s systems, its users and the development of AI models in India.