Delhi HC directs OpenAI to respond in ANI lawsuit

The Delhi High Court has sought a response from OpenAI on an application filed by the Indian Music Industry (IMI) to intervene in a copyright lawsuit initiated by news agency Asian News International (ANI).

ANI’s lawsuit alleges that OpenAI unlawfully used its copyrighted content to train and operate ChatGPT. Last week, IMI, along with music labels T-Series and Saregama India, moved the court seeking to join the news agency's case against the AI company.

During a hearing, Justice Amit Bansal remarked, "We can’t keep expanding the scope of the suit; you can file your own suit. Hundreds of industries may be affected by it."

Senior Advocate Chander Lall, representing IMI, argued that the organisation was directly impacted by the case. "We will not go a step beyond the scope. We will come in the end, we will only supplement on what is left. Allow us to present arguments on law," he stated.

In response, OpenAI noted that the matter is already scheduled for a hearing on Friday, 21 February. The Microsoft-backed AI firm has previously contended that Indian courts lack jurisdiction over the case, as OpenAI has no presence in the country.

The news agency first filed the lawsuit in 2023, accusing OpenAI of unauthorised use of its copyrighted news content in ChatGPT’s training data. The news agency is seeking ₹20 million in damages and an interim injunction to prevent OpenAI from storing, publishing, reproducing, or using its copyrighted materials.

During a hearing in November, OpenAI assured the court that it would refrain from using ANI’s content. However, it argued that its published works were still stored within ChatGPT’s system and should be deleted. OpenAI has repeatedly denied the allegations, maintaining that its AI models fairly utilise publicly available data.

This lawsuit marks ANI as the first media organisation in India to take legal action against OpenAI. A similar case was filed globally by The New York Times in December 2023, making it the first news outlet to initiate an AI copyright lawsuit. The Times has claimed that OpenAI’s AI models harm its business and undermine its investment in journalism.