The Business Software Alliance (BSA) argued in its submission to the Department for Promotion of Industry and Internal Trade (DPIIT) committee that training artificial intelligence models on copyrighted material should not require permission or licensing.
Instead, it urged the committee to introduce a statutory text and data mining (TDM) exception into India’s copyright framework, allowing developers to train AI models on copyrighted content once they have lawful access through purchase, subscription or licence.
“The right approach to promoting AI training while protecting the legitimate interests of copyright holders and creators is to allow for lawful text and data mining for AI model training,” the submission said, adding that copyright law should focus on remedies where “AI-generated output infringes their works.”
For context, the BSA is a global software industry group whose members include Adobe, Amazon Web Services, Microsoft, OpenAI, Oracle, IBM, Salesforce, Cisco, Shopify, Zoom, and SAP (Systems, Applications, and Products in Data Processing), among others.
The submission forms part of the government’s ongoing consultation on artificial intelligence and copyright and reflects the position of companies that build, deploy and commercialise large-scale AI systems.
Importantly, the submissions reveal a sharp disagreement over where control and compensation should sit in the AI training process. The question is whether copyright law should regulate access to training data through upfront licensing and royalties or intervene only when AI-generated outputs infringe protected works.
AI training should not require permission, BSA argues
The alliance’s core argument is that training AI models on copyrighted material does not amount to copyright infringement.
According to the BSA, developers do not use copyrighted works for their expressive value. Instead, they apply mathematical and statistical techniques to analyse large volumes of data.
“The core value of AI training lies in uncovering non-copyrightable information — probabilities, relationships, and patterns — across large bodies of data,” the submission said.
Moreover, the alliance said developers typically break content into machine-readable units, or tokens, and analyse them to identify correlations across datasets. “This computational analysis does not use the underlying data for its expressive content and, therefore, does not infringe any copyright in the underlying data,” it said.
On this basis, BSA argued that requiring permission or licences for AI training misunderstands how these systems function and risks introducing legal barriers that could slow development.
Why does the BSA oppose licensing-based models?
The submission also set out a clear rejection of licensing-led approaches to artificial intelligence training.
While acknowledging that licensing has a role in copyright law, the alliance argued that…
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