Delhi High Court to hear plea on AI software stealing artistic works

A Public Interest litigation (PIL) has been filed before the Delhi High Court raising concerns over the unauthorised use of original artistic works by Artificial Intelligence (AI) software [Kanchan Nagar & Ors v. Union Of India & Ors]..A Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela listed the plea for hearing along with a pending matter on the misuse of deepfake technology."We don’t have a magic wand in our hands. We have directed them to look into this aspect. We have highlighted this aspect and told them to hear the stakeholders before passing an order. We can't do anything more than that. Everyone is facing the challenge,” Chief Justice Manmohan remarked..The Court was referring to the directions it had recently issued to a committee constituted by the Union Ministry of Electronics and Information Technology to study the issue of deepfakes.In the order passed on November 21, the Bench asked the committee to hear various stakeholders, including internet intermediaries, telecom service providers, victims of deepfakes and websites using deepfakes.Deepfakes are digitally manipulated videos that impersonate people..The present plea has been moved by professional model Kanchan Nagar, photographer Vikas Saboo and the company that owns stock photography website 'Images Bazaar'.They have sought directions for framing of appropriate rules and regulations to protect original works from being used by AI platforms. .In particular, the PIL seeks amendment to the Copyright Act, 1957 and also the Information Technology Rules to bring within its ambit the offence of cheating by impersonation using AI or deepfakes.The PIL also seeks directions to identify and block public access to unregulated applications, software, platforms and websites enabling the creation of AI-generated images.It further seeks directions to prohibit and punish the sale of AI-generated images created using original works of artists without their permission.Lastly, the PIL seeks appointment of a dedicated nodal officer for receiving complaints regarding infringement of copyright by AI..The petitioners have argued that apart from resulting in copyright infringement, this unauthorised use of artistic works undermines the collective efforts of creative professionals. It also constitutes a violation of the personality rights of freelance models in the photographs, the plea states.Further, the PIL states that women model's photos are being used without consent and deepfakes using these images."This is an issue about privacy of women and consent...and consent beyond physical touch. Not everybody has the power or the means or courage to come to the courts. A lack of a clear provision fails to act as a deterrent. All we are requesting is for the purpose of commercial advertising, at least faces of women may not be used," counsel representing the petitioners submitted before the Court..The PIL has been filed through Advocate Mumtaz Bhalla. The next date of hearing is March 24, 2025..Advocates Mumtaz Bhalla and Mohit Goel appeared for the petitioners.