Reforming Copyright Law for the 21st Century

The issue of copyright law is highlighted through the example of a visually impaired individual, Nirmita, who faced legal obstacles in accessing disability-friendly books due to rigid copyright laws. This case illustrates the broader issue of copyright law obstructing access to knowledge, especially for marginalized groups.

The Marrakesh Treaty

• The treaty facilitates the cross-border exchange of accessible-format books.
• It allows national exceptions for visually impaired persons to convert books into accessible formats.
• Despite its benefits, the treaty faced strong opposition from the copyright industry.

Historical Perspective of Copyright Law

Copyright law has expanded significantly beyond its original intent. Initially, the Statute of Anne (1710) offered a 14-year monopoly to authors with certain conditions. In contrast, modern copyright law grants rights automatically for the lifetime of the author plus 70 years, impacting all forms of creative works, regardless of their commercial potential.

Impact on AI and Technology

Current copyright laws in many countries hinder AI development by making AI training illegal due to permissionless copying restrictions. In contrast, some jurisdictions have introduced 'text and data mining' exceptions to accommodate AI needs.

Challenges in South and Southeast Asia

• Out of seven countries studied, only three have exceptions allowing AI training.
• India allows exceptions for transient storage but lacks broader text and data-mining exceptions.

Consequences of Generative AI

The rise of generative AI raises concerns about substituting creative labor, but historically, technology has both displaced and created jobs. The focus should be on fostering creativity rather than protecting existing jobs.

Encouraging Contributions to the Commons

• Open-licensed AI models and datasets should be encouraged as they contribute to the collective heritage.
• Governments should protect high-quality datasets from copyright claims, especially when used for training open-source models.

The Call for Reform

Current copyright laws are often used to block beneficial technologies. India, as a host of the AI Impact Summit, has the opportunity to lead the charge for reforming copyright laws to better serve creators and the public interest.