OpenAI Faces Copyright Lawsuit in India as Media Firms Claim Content Misuse

Several digital news entities in India, including the Indian Express, Hindustan Times, NDTV, and the Digital News Publishers Association (DNPA), have filed a copyright infringement lawsuit against OpenAI in a New Delhi court, Reuters reported.

While the DNPA represents about 20 companies, including Network18 and Dainik Bhaskar, The Times of India, a DNPA member, has opted out of the case.

This comes only days after Indian book publishers, along with their international counterparts, had filed a copyright infringement claim against OpenAI. The Federation of Indian Publishers, which represents companies such as Bloomsbury, Penguin Random House, and Rupa Publications, filed a complaint in the Delhi High Court to prevent ChatGPT from accessing proprietary content.

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The Allegations

Media houses have told a New Delhi court that OpenAI’s tool scrapes their websites to store and reproduce copyrighted content. The 135-page filing claims this practice poses “a clear and present danger” to the copyrights of DNPA members and other outlets.

Indian publishers argue that while OpenAI has established agreements with media outlets in other countries, it has failed to do so in India, describing this as "an inexplicable defiance of the law." They also claim that OpenAI is evolving into a profit-driven company that exploits the creative efforts of the media industry, thereby contributing to a "weakened press."

First News Firm to Call Out OpenAI

Indian news agency ANI was the first to file a lawsuit against OpenAI last year. It had sued OpenAI in a New Delhi court, accusing the ChatGPT creator of using its published content without permission to help train the AI chatbot to provide information to users.

ANI's action was followed by lawsuits in the United States from media outlets like The New York Times and the Chicago Tribune.

During the first hearing of the lawsuit, the judge directed OpenAI to provide a detailed response to ANI's allegations.

In its defense, OpenAI stated that it has "no office or permanent establishment in India" and that ChatGPT's training data is hosted on servers outside the country. The company further explained that it is required to retain the data while defending an ongoing lawsuit in the United States, implying that no data can be deleted until the legal proceedings are concluded.

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News Firms Collaborating with OpenAI

While some media firms, including Indian news firms like The Times of India, have opted out of the legal battle, others have partnered with OpenAI.

For instance, the Associated Press, The Financial Times, and Vox Media have reached agreements with OpenAI, granting regulated access to their archives in exchange for financial compensation. These partnerships aim to ensure that media companies benefit from AI advancements while retaining some control over the use of their content.