NAVIGATING COPYRIGHT AND FAIR USE IN THE AGE OF ARTIFICIAL INTELLIGENCE: IMPLICATIONS FOR EDUCATION AND RESEARCH

This paper examines the evolving intersection of Indian copyright law, fair dealing, and Artificial Intelligence (AI) within the educational sector. As the National Education Policy (2020) advocates for the integration of digital technologies, the widespread adoption of generative AI tools like ChatGPT and Google Bard has intensified existing tensions between copyright owners and educational institutions. While the Copyright Act, 1957, provides specific exceptions under Section 52 for research and instruction, it remains silent on the legal status, authorship, and ownership of AI-generated content. The analysis highlights a significant legislative gap regarding human authorship. Indian jurisprudence, notably Eastern Book Company v. D.B. Modak, establishes that copyright requires a "modicum of creativity" and intellectual effort from a human author. Consequently, autonomous AI outputs may fall outside current protection frameworks, creating uncertainty for universities and educators who increasingly rely on these tools for preparing instructional materials. Furthermore, the paper explores the potential for copyright infringement when AI training datasets or outputs replicate substantial portions of protected works. The study also addresses the ethical dimensions of AI in academia, specifically concerns regarding plagiarism and the erosion of academic integrity. It concludes that while AI offers transformative potential for inclusive education—particularly for persons with disabilities under Section 52(1) (zb)—the current regulatory ambiguity necessitates urgent statutory reform. Ultimately, the paper argues for a balanced legal framework that protects the economic rights of creators while upholding the constitutional right to education and the free dissemination of knowledge.