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Intellectual PropertyPublished: 2026-08-20•6 min read•14 Citations

Generative AI and Copyright Infringement: Deconstructing Fair Dealing Under Section 52 of the Indian Copyright Act

R

Rohan Vashisht

Partner, Intellectual Property & TMT

West Bengal National University of Juridical Sciences (WBNUJS)

Abstract & Jurisprudential Scope

Does scraping publicly accessible copyrighted works for LLM pre-training constitute fair dealing under Indian law? This paper examines Section 52(1)(a) of the Copyright Act, 1957, juxtaposing US fair use doctrines against India’s closed-list statutory exemptions.

R

Rohan Vashisht

Partner, Intellectual Property & TMT • West Bengal National University of Juridical Sciences (WBNUJS)

Rohan represents leading AI research labs and media studios in high-stakes patent and copyright litigations.

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