IS TRAINING AN AI MODEL "FAIR DEALING" UNDER INDIAN LAW, OR INFRINGEMENT?

This article examines whether training generative artificial intelligence models on copyrighted works constitutes fair dealing under Section 52(1)(a) of the Copyright Act, 1957. It analyses the Delhi High Court’s interim observations in ANI Media Pvt. Ltd. v. OpenAI OpCo LLC and compares Indian law with United States decisions concerning AI training, transformative use, and market harm. The article argues that neither technological innovation nor commercial research automatically justifies copying protected works. It recommends a clearer Indian legal framework addressing lawful data acquisition, transparency, anti-piracy safeguards, and market substitution while balancing creators’ rights with technological development.